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CROW CREEK SIOUX TRIBE v. BROWNLEE

No. 02-5049.

331 F.3d 912 (2003)

CROW CREEK SIOUX TRIBE, Appellant, v. Les BROWNLEE, Acting Secretary of the Army, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 17, 2003.

Attorney(s) appearing for the Case

Peter Capossela, pro hac vice, argued the cause for appellant. With him on the briefs was Marcella Burgess Giles.

Hans Walker was on the brief for amicus curiae The Three Affiliated Tribes of the Fort Berthold Reservation on behalf of appellant.

Lisa E. Jones, Attorney, U.S. Department of Justice, argued the cause for federal appellees. With her on the brief was Andrew C. Mergen.

Mark Barnett, Attorney General of the State of South Dakota, and John P. Guhin, Deputy Attorney General, were on the brief for appellee State of South Dakota.

Before: SENTELLE, HENDERSON and TATEL, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

SENTELLE, Circuit Judge:

Appellant Crow Creek Sioux Tribe (Tribe) appeals from a district court order denying a preliminary injunction of a transfer of lands from the Army Corps of Engineers (Corps) to the State of South Dakota, as required by Title VI of the Water Resources Development Act (WRDA), Pub.L. No. 106-53, 113 Stat. 269 (1999), as amended by Pub.L. No. 106-541, § 540, 114 Stat. 2572...

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