Today the 8th Circuit handed down many decisions, one
of which is from the D.S.D.
This decision addresses the appeal by the State of South Dakota,
supported by amici briefing filed by 16 additional states (Kansas, Alabama,
Arizona, Arkansas, Indiana, Louisiana, Mississippi, Missouri, Montana,
Nebraska, Ohio, Oklahoma, South Carolina, Tennessee, Texas, & West
Virginia) in connection with the federal government’s (U.S. Secretary of
Interior, National Park Service) decision denying a fireworks permit for the 4th
of July celebration at Mount Rushmore.
Fireworks have been denied consistently for some 12 years, with
the exception of 2020 (for which President Trump attended the
celebration). The State of South Dakota was denied permission in
2021. Thereafter, the State of South Dakota instituted this action
seeking injunctive and declaratory relief. The trial court denied
relief. This decision vacates the trial court’s ruling (because it was
moot when rendered) and dismisses this appeal. In so doing, the 8th
Circuit opinion (authored by Judge Stras) states:
The bottom line is that we
cannot change what happened last year, and South Dakota has not demonstrated
that deciding this otherwise moot case will impact any future permitting
decision. Any controversy has, in other words, fizzled out.
In support of the decision by the National Parks Service, the
Cheyenne River Sioux Tribe intervened as a party Defendant/Appellee.
The Court's decision may be accessed at 212542P.pdf (uscourts.gov)
