Remand Needed To Decide Sovereign Rights Issue In Fracking Suit, Tribe Argues

(February 1, 2023, 2:21 PM EST) -- ST. LOUIS — A dispute between a North Dakota Indian tribe and the federal government over a hydraulic fracturing project on tribal land should be remanded to decide whether the project poses enough of a threat to tribal health and welfare that the tribe retains its inherent sovereign power to regulate it, the tribe tells the Eighth Circuit U.S. Court of Appeals in a reply brief....