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MENOMINEE INDIAN TRIBE OF WISCONSIN v. EPA

No. 19-1130.

947 F.3d 1065 (2020)

MENOMINEE INDIAN TRIBE OF WISCONSIN, Plaintiff-Appellant, v. ENVIRONMENTAL PROTECTION AGENCY and United States Army Corps of Engineers, et al. Defendants-Appellees, and Aquila Resources, Inc., Intervening Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 27, 2020.

Attorney(s) appearing for the Case

Janette K. Brimmer , Attorney, Earthjustice, Seattle, WA, Lindzey A. Spice , Attorney, Menominee Indian Tribe of Wisconsin, Keshena, WI, for Plaintiff-Appellant.

Sommer H. Engels , Attorney, Department of Justice, Environment & Natural Resources Division, Washington, DC, for Defendants-Appellees.

Before Sykes, Hamilton, and Scudder, Circuit Judges.

For the Menominee Indian Tribe, the river that bears its name is a place of special importance. The Menominee River runs along the border between Northern Wisconsin and Michigan's Upper Peninsula. According to its origin story, the Tribe came into existence along the banks of the River thousands of years ago. This birthplace...

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