State of WYOMING, and Wyoming Farm Bureau Federation Petitioners,
v.
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; E. Scott Pruitt, in his official capacity as Administrator of the United States Environmental Protection Agency; Deb Thomas, in her official capacity as Acting Region 8 Administrator of the United States Environmental Protection Agency, Respondents.
The Northern Arapaho Tribe; Eastern Shoshone Tribe; City of Riverton, Wyoming; Fremont County, Wyoming, Intervenors.
State of Idaho; State of Alabama; State of Colorado; State of Kansas; State of Montana; State of Nebraska; State of North Dakota; State of Oklahoma; State of South Dakota; State of Utah; Indian Law Professors; Riverton Memorial Hospital, LLC, Amici Curiae.
United States Court of Appeals, Tenth Circuit.https://leagle.com/images/logo.png
Gina Cannan ( Steven J. Lechner with her on the briefs), Mountain States Legal Foundation, Lakewood, Colorado, for Petitioner Wyoming Farm Bureau Federation.
Samuel C. Alexander , Chief, Indian Resources Section ( John C. Cruden , Assistant Attorney General, Washington, D.C., and David A. Carson , Environmental Defense Section, Denver, Colorado, with him on the briefs) Environment and Natural Resources Division, United States Department of Justice, Washington, D.C., for Respondents.
Jodi A. Darrough , Deputy Fremont County Attorney, and Rick L. Sollars , City Attorney, City of Riverton, Wyoming, on the briefs for Intervenors Fremont County and City of Riverton, Wyoming.
Lawrence G. Wasden , Attorney General, Steven L. Olsen , Chief of Civil Litigation, and Clay R. Smith , Deputy Attorney General, Boise, Idaho, Luther Strange , Attorney General, Montgomery, Alabama, John Suthers , Attorney General, Denver, Colorado, Derek Schmidt , Attorney General, Topeka, Kansas; Tim Fox , Attorney General, Helena, Montana, Jon Bruning , Attorney General, Lincoln, Nebraska; Wayne Stenehjem , Attorney General, Bismark, North Dakota, E. Scott Pruitt , Attorney General, Oklahoma City, Oklahoma, Marty Jackley , Attorney General, Pierre, South Dakota, and Sean D. Reyes , Attorney General, Salt Lake City, Utah, on the brief for Amici Curiae States of Idaho, Alabama, Colorado, Kansas, Montana, Nebraska, North Dakota, Oklahoma, South Dakota, and Utah.
Colette Routel , William Mitchell College of Law, Saint Paul, Minnesota, Bethany Berger , University of Connecticut School of Law, Hartford, Connecticut, and Sarah Wheelock , Tilden McCoy + Dilweg LLP, Sioux City, Iowa, on the brief for Amici Curiae Indian Law Professors.
Before TYMKOVICH, Chief Judge, KELLY, and LUCERO, Circuit Judges.
TYMKOVICH, Chief Judge.
This case requires us to determine whether Congress diminished the boundaries of the Wind River Reservation in Wyoming in 1905. We find that it did.
The Eastern Shoshone and Northern Arapaho Tribes jointly inhabit the Wind River Reservation. The State of Wyoming and the Wyoming Farm Bureau Federation challenge a decision...
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