Sisseton-Wahpeton Oyate of the Lake Traverse Reservation et al v. United States Corps of Engineers et al

Filing 93

OPINION AND ORDER REGARDING REMAINING ISSUES. Signed by U.S. District Judge Roberto A. Lange on 9/29/16. (DJP)

UNITED STATES DISTRICT COURT

2 e 3016

DISTRICT OF SOUTH DAKOTA
CLERK

CENTRAL DIVISION

SISSETON-WAHPETON OYATE OF THE

3:ll-CV-03026-RAL

LAKE TRAVERSE RESERVATION,
, ROBERT SHEPHERD, CHAIRMAN,
Plaintiffs,

OPINION AND ORDER REGARDING
REMAINING ISSUES

vs.

UNITED STATES CORPS OF ENGINEERS,
ROBERT J. RUCH,IN HIS OFFICIAL

CAPACITY AS DISTRICT COMMANDER;
AND STEVEN E. NAYLOR,IN HIS
OFFICIAL CAPACITY AS REGULATORY

PROGRAM MANAGER,
Defendants.

Plaintiffs Sisseton-Wahpeton Oyate of the Lake Traverse Reservation (the Tribe) and

Robert Shepherd, the Tribe's then-Chairman, filed a Complaint and Amended Complaint seeking
deelaratory, injunetive, and other relief. Doe. 1; Doc. 16. Plaintiffs named as Defendants the

United States Corps of Engineers (Corps), Steven E. Naylor, in his official capacity as
Regulatory Program Manager, and Robert J. Rueh, in his official capacity as District
Commander. Plaintiffs' Complaint challenges the Corps granting of certain exemptions and
permits under the Clean Water Act (CWA) to Merlyn Drake (Drake), and how it has dealt

generally with Drake's requests and conduct on land adjacent to Enemy Swim Lake, which is
within the exterior boundaries of the Tribe's reservation.