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MANDAN, HIDATSA AND ARIKARA v. DEPT. OF INTERIOR

No. 22-5185.

66 F.4th 282 (2023)

MANDAN, HIDATSA AND ARIKARA NATION, Appellee v. UNITED STATES DEPARTMENT OF THE INTERIOR, et al., Appellees State of North Dakota, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 21, 2023.

Attorney(s) appearing for the Case

James M. Auslander argued the cause for appellant State of North Dakota. With him on brief were Nessa Coppinger and Peter J. Schaumberg .

Timothy Purdon argued the cause for appellee Mandan, Hidatsa and Arikara Nation. With him on brief were Philip Baker-Shenk and Steven D. Gordon .

Mary G. Sprague , U.S. Department of Justice, argued the cause for appellees Robert Anderson, Debra A. Haaland, and United States Department of the Interior. With her on brief was Rachel Heron .

Concurring opinion filed by Circuit Judge Pillard.

This is an appeal from the district court's denial of the State of North Dakota's supplemental motion to intervene in the lawsuit against the Department of the Interior brought by the Mandan, Hidatsa and Arikara Nation, recognized as the Three Affiliated Tribes of the Fort Berthold Indian Reservation.

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