Clifford v. Janklow

HEANEY, Circuit Judge.

Once again we are called upon to determine whether the State of South Dakota’s method of distributing federal funds through its Low Income Energy Assistance Program (LIEAP) violates the Low-Income Home Energy Assistance Act of 1981 (LIHEAA), 42 U.S.C. §§ 8621-8629 (Supp. V 1981). In Crawford v. Janklow, 710 F.2d 1321, 1324 (8th Cir.1983), we affirmed the district court's injunction against the categorical exclusion of subsidized housing residents from South Dakota’s LIEAP. For the 1983-84 heating season, the state devised a distribution plan which categorizes subsidized…