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OGLALA SIOUX TRIBE OF PINE RIDGE v. U.S. ARMY CORPS

No. 08-5133.

570 F.3d 327 (2009)

OGLALA SIOUX TRIBE OF the PINE RIDGE INDIAN RESERVATION, Appellant v. UNITED STATES ARMY CORPS OF ENGINEERS, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 2009.

Attorney(s) appearing for the Case

Mario Gonzalez argued the cause for appellant. With him on the briefs was Patricia Marks.

Robert J. Lundman, Attorney, U.S. Department of Justice, argued the cause for appellee. With him on the brief was Katherine Hazard, Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Opinion concurring in part, concurring in the judgment in part, and dissenting in part filed by Circuit Judge TATEL.

RANDOLPH, Senior Circuit Judge:

The Great Sioux Reservation once encompassed the western half of present-day South Dakota. This case deals with several federal government properties located along the Missouri River within the area of the former Great Sioux Reservation. The Oglala Sioux Tribe brought this action seeking a declaration that the 1889 Act of Congress dissolving the Great Sioux Reservation never took effect. In addition, the Tribe requested an injunction...

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