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SISSETON-WAHPETON OYATE v. U.S. CORPS OF ENGINEERS

No. 16-4283.

888 F.3d 906 (2018)

SISSETON-WAHPETON OYATE OF the LAKE TRAVERSE RESERVATION; Dave Flute, Chairman, Plaintiffs-Appellants v. UNITED STATES CORPS OF ENGINEERS; Colonel John W. Henderson, in his official capacity as District Commander; Steven E. Naylor, in his official capacity as Regulatory Program Manager, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 25, 2018.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellant was Gregory Scott Paulson , of Minneapolis, MN. The following attorneys also appeared on the appellant brief; Richard Alan Duncan , of Minneapolis, MN., Debra C. Flute , of Sisseton, SD.

Counsel who presented argument on behalf of the appellee was Robert Lundman , of Washington, DC. The following attorneys also appeared on the appellee brief; David Aiken Carson , of Denver, CO., Jody Helen Schwarz , of Washington, DC., Nicholas DiMascio , of Denver, CO., Catherine E. Grow , of Omaha, NE.

Before GRUENDER and BENTON, Circuit Judges, and TUNHEIM, District Judge.

Merlyn Drake owns real property adjacent to Enemy Swim Lake in South Dakota and has been in the process of building a road across his property since 1998. Drake purportedly uses this road for agricultural purposes. Because constructing his road requires dredging and filling portions of Enemy Swim Lake and its surrounding...

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