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SOUTH DAKOTA v. U.S. DEPT. OF INTERIOR

No. 11-1745.

665 F.3d 986 (2012)

State of SOUTH DAKOTA; County of Roberts; Sisseton School District No. 54-2; City of Sisseton; Wilmont School District No. 54-7, Appellants, v. UNITED STATES DEPARTMENT OF INTERIOR; Larry Echo Hawk, in his official capacity as Assistant Secretary of Indian Affairs, United States Department of Interior; Michael Black, in his official capacity as Director, Great Plains Regional Office, Bureau of Indian Affairs; Russell Hawkins, in his official capacity as Superintendent, Lake Traverse Agency, Appellees. Sisseton-Wahpeton Oyate of the Lake Traverse Reservation, Amicus on behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: January 11, 2012.

Attorney(s) appearing for the Case

Kirsten E. Jasper , AAG, argued, John P. Guhin , AAG, on the brief, Pierre, SD, for appellants.

John E. Arbab , argued, Elizabeth Ann Peterson , on the brief, USDOJ, Washington, DC, for appellees.

Gregory S. Paulson , Minneapolis, MN, on the brief of the amicus on behalf of the appellee.

Before RILEY, Chief Judge, WOLLMAN and BEAM, Circuit Judges.

RILEY, Chief Judge.

The Secretary of the United States Department of the Interior, through the Bureau of Indian Affairs (BIA and, collectively, Secretary), announced its decision to accept four parcels of land within the geographic boundaries of the State of South Dakota (South Dakota) into trust for the benefit of the Sisseton-Wahpeton Oyate of the Lake Traverse Reservation (Tribe), a federally recognized Indian tribe. South Dakota and certain of its political subdivisions...

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