ELR Citation: ELR 20226
No(s). 02-5049 (D.C. Cir. Jun 17, 2003)

The court holds that a Native American tribe lacked standing to challenge the transfer of land from the U.S. Army Corps of Engineers to the state of South Dakota. The tribe argued that the title transfer will eviscerate the Secretary of the Army’s ability to enforce federal cultural protection statutes on the transferred lands, thereby injuring the tribe’s rights under these statutes. The transfer, however, was being made pursuant to the Water Resources Development Act, which explicitly provides that federal cultural protection statutes continue to apply on transferred lands. Therefore, the tribe has not suffered an injury-in-fact.

Peter Capossela, pro hac vice
518 6th St., Rapid City SD 57701
(605) 342-3949

Counsel for Appellees
Lisa E. Jones
Environment and Natural Resources Division
U.S. Department of Justice, Washington DC 20530
(202) 514-2000