Indian Treaty Prevails in Herrera v Wyoming

Indian Treaty Prevails in Herrera v Wyoming

In Herrera v Wyoming, 587 U.S. ____ (2019), the U.S. Supreme Court held that Wyoming’s statehood did not abrogate the Crow Tribe’s 1868 federal treaty right to hunt on the “unoccupied lands of the United States.” The five-member majority further concluded that the lands of the Bighorn National Forest did not become categorically “occupied” when the forest was created.