The Northern Arapahoe Tribe v. Hodel

In 1868, the United States enacted a treaty with the Shoshone Tribe, establishing the Wind River Indian Reservation in western Wyoming for the Shoshone’s use and occupation. Ten years later, the United States violated the treaty by bringing a band of Northern Arapahoe, an ally of a Shoshone rival tribe, to live on the reservation. The Shoshone and Arapahoe subsequently occupied the reservation, establishing separate tribal councils and a joint business council for common interests. In 1977, both tribes expressed concerns about game management on the reservation and jointly commissioned a wildlife study by the United States Fish and Wildlife Service. The 1982 wildlife study concluded that wildlife herds on the reservation were dwindling and recommended a management plan focusing on big game. The Shoshone subsequently enacted a game code, but the Arapahoe rejected the code. After the Arapahoe repeatedly failed to develop an alternative game code, the Shoshone (defendant) requested that the Bureau of Indian Affairs enact a temporary reservation game code to conserve and protect wildlife. In 1984, the Bureau of Indian Affairs (defendant) enacted temporary hunting regulations, and the Arapahoe (plaintiff) sought declaratory and injunctive relief to prevent the enforcement of the regulations. The district court denied the Arapahoe’s request for a temporary restraining order, and the Arapahoe appealed.