Washoe Tribe of Nevada and California v. Joseph Greenley, and the State of Nevada

The State of Nevada seeks to appeal from a declaratory judgment and an injunction prohibiting two of its officials from enforcing State hunting laws and regulations against Washoe Indians hunting on the Washoe Pinenut Allotments. The plaintiffs were the Washoe Tribe and two of its members. The Director and the Chief of Law Enforcement of the Nevada Department of Wildlife, as individuals and in their official capacities, were the defendants. The State of Nevada was not named as a party to the action. It did not intervene or otherwise enter an appearance in the district court. The plaintiffs have filed a motion to dismiss the appeal on the basis that the state has no standing to appeal. We agree and dismiss the appeal.

In the district court, the plaintiffs sought declaratory and injunctive relief against the Department of Wildlife officials. Basing their arguments on federal preemption and tribal sovereignty, the plaintiffs asserted that the State of Nevada had no jurisdiction to regulate hunting by tribal members on the Washoe Pinenut Allotments. The district court issued the requested injunction, permanently enjoining the named officials, their successors in office, and those…