YANKTON SIOUX TRIBE v. PODHRADSKY

Nos. 08-1441, 08-1488.

606 F.3d 985 (2010)

YANKTON SIOUX TRIBE, and its individual members, Plaintiffs-Appellees/Cross-Appellants, United States of America, on its own behalf and for the benefit of the Yankton Sioux Tribe, Intervenor Plaintiff-Appellee, v. Scott J. PODHRADSKY, State's Attorney of Charles Mix County; C. Red Allen, member of the Charles Mix, South Dakota, County Commission; Keith Mushitz, member of the Charles Mix, South Dakota, County Commission; Sharon Drapeau, member of the Charles Mix, South Dakota, County Commission; M. Michael Rounds, Governor of South Dakota; Lawrence E. Long, Attorney General of South Dakota, Defendants-Appellants/Cross-Appellees, Southern Missouri Waste Management District, Interested Party. Rosebud Sioux Tribe, Amicus on behalf of Appellees.

United States Court of Appeals, Eighth Circuit.

May 6, 2010.


Appellant officials of the State of South Dakota and Charles Mix County filed petitions for rehearing and rehearing en banc of the court's August 25, 2009 decision in this matter. The Yankton Sioux Tribe and the United States filed their individual responses to the petitions on January 25, 2010, supporting the court's decision and judgment. Now before the court are the petitions for panel rehearing.

In the meantime we have permitted amici to file six briefs in support...

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