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No. 17-532October Term 2018Decided May 20, 2019

Docket 17-532October Term 2018 (2018–2019)

Herrera v. Wyoming

Statehood alone did not wipe out the Crow Tribe's 1868 treaty-based hunting right on qualifying federal land.

Case status

Current stage
Decided
Latest event
Decision released May 20, 2019
Case Accepted
Arguments
Decision ReleasedMay 20, 2019
What it's about

This case concerned a Crow Tribe member’s Wyoming hunting conviction after he killed elk in Bighorn National Forest and argued that an 1868 treaty still allowed tribal members to hunt on unoccupied federal land. The Supreme Court considered whether that treaty right survived Wyoming’s statehood and the later creation of the national forest.

Question presented

Whether Wyoming's admission to the Union or the establishment of the Bighorn National Forest abrogated the Crow Tribe of Indians' 1868 federal treaty right to hunt on the "unoccupied lands of the United States," thereby permitting the present-day criminal conviction of a Crow member who engaged in subsistence hunting for his family.

Case path

District Court of Wyoming, Sheridan County / Decision released May 20, 2019

Area

Decided Supreme Court case

Briefing

What it's about

The case asked whether an 1868 treaty still let Crow Tribe members hunt on unoccupied federal land in Wyoming. The Supreme Court said Wyoming's statehood did not cancel that treaty right, which mattered to a Crow member's hunting conviction after he killed elk in Bighorn National Forest.

Vote

The Court decided that Wyoming's admission to the Union did not end the Crow Tribe's treaty hunting right, but the vote count and opinion lineup are not provided here.

Impact

The decision affects tribal members who rely on old treaty promises when they hunt on federal land. For example, it can shape whether a state may punish a Crow hunter who says a treaty still protects subsistence hunting for family use.

What's next

The Supreme Court has finished this case. Wyoming courts and state officials must handle Herrera's conviction and similar disputes in line with the Court's decision.

What was the main fight in Herrera v. Wyoming?

The dispute was whether an 1868 Crow treaty still allowed tribal members to hunt on unoccupied federal land in Wyoming. The case centered on Herrera's elk hunting conviction.

Who is most affected by this decision in real life?

Crow Tribe members and state wildlife officials are directly affected. The ruling matters when tribal hunters claim treaty protection for subsistence hunting on federal land.

What happens after the Supreme Court's decision in this case?

The Supreme Court's work on this docket is over. Wyoming courts and officials must apply the decision when dealing with Herrera's case and related treaty-right disputes.

Decision

Decision record

What the Court decided

Statehood alone did not wipe out the Crow Tribe's 1868 treaty-based hunting right on qualifying federal land.

Impact

The decision affects tribal members who rely on old treaty promises when they hunt on federal land. For example, it can shape whether a state may punish a Crow hunter who says a treaty still protects subsistence hunting for family use.

Not official Court text.

Opinion documents