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SOUTH DAKOTA EX REL. BARNETT v. U.S. DEPT.

No. 01-3611.

317 F.3d 783 (2003)

State of SOUTH DAKOTA, By and Through its Attorney General, Mark BARNETT; City of Oacoma; Lyman County, Appellees, v. UNITED STATES DEPARTMENT OF INTERIOR; Cora Jones, Regional Director, Great Plains Regional Office, BIA; Cleve Her Many Horses, Superintendent, Lower Brule Agency, BIA; James McDivitt, Deputy Assistant Secretary-Indian Affairs, Appellees. Lower Brule Sioux Tribe, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: February 3, 2003.

Attorney(s) appearing for the Case

Tracy A. Labin, argued, Washington, DC, for appellant.

John P. Guhin, argued, Pierre, SD (Mark Barnett, Paul E. Jensen, on the brief), for appellee State of South Dakota.

Judy Rabinowitz, argued, San Francisco, CA (Thomas L. Sansonetti, William B. Lazarus, Lisa E. Jones, Mary Anne Kenworthy, on the brief), for appellees Dept. of Interior, Cora Jones and Cleve Her Many Horses.

Before HANSEN, Chief Judge, HEANEY and MORRIS SHEPPARD ARNOLD, Circuit Judges.

HANSEN, Chief Judge.

The State of South Dakota, City of Oacoma, and Lyman County (hereinafter, collectively "South Dakota") brought an action for declaratory and injunctive relief against the United States Department of Interior, the Assistant Secretary for Indian Affairs, the Regional Director, and the Superintendent of the Lower Brule Agency (hereinafter, collectively "United States"). South Dakota sought to prevent the United States from placing approximately 91...

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