Eastern Band of Cherokee Indians v. North Carolina Wildlife Resources Comm'n

ELR Citation: ELR 20106
No(s). 76-2161 (4th Cir. Nov 30, 1978)

The court affirms a lower court's ruling rejecting North Carolina's claim of authority to regulate fishing for trout by non-Indians on the plaintiff Band's reservation. Under the test established by the Supreme Court, state regulatory laws may preempt tribal regulation unless their application would...