Assiniboine and Sioux Tribes of the Fort Peck Indian Reservation, Plaintiffs v. The Board of Oil and Gas Conservation of the State of Montana
Court of Appeals for the Ninth Circuit
1Opinion of the Court
FLETCHER, Circuit Judge:
The Assiniboine and Sioux Tribes of the Fort Peck Reservation appeal from the district court’s order granting the Secretary of the Interior’s motion to dismiss. The Tribes claim that the Secretary of the Interior unlawfully delegated his authority by entering into a Cooperative Agreement with the Board of Oil & Gas Conservation of the State of Montana. The district court dismissed the action, holding that there was no justiciable controversy. We reverse and remand for further proceedings.
FACTUAL BACKGROUND
In November, 1983, the district court entered a judgment in…
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