Cite as: 526 U. S. 473 (1999)
Syllabus
tions and consequent inefficiencies that the Act sought to avoid, and the force of the congressional concerns deprives arguable justifications for applying tribal exhaustion of any plausibility in these circumstances. Pp. 485-488.
136 F. 3d 610, vacated and remanded.
Souter, J., delivered the opinion for a unanimous Court.
James R. Atwood argued the cause for petitioners. With him on the briefs were Richard A. Meserve, Lynn H. Slade, and Walter E. Stern.
Jonathan E. Nuechterlein argued the cause for the United States as amicus curiae urging reversal. With him on the brief were Solicitor General Waxman, Assistant Attorney General Schiffer, Deputy Solicitor General Kneedler, Martin W. Matzen, John D. Leshy, Mary Anne Sullivan, and John F. Cordes.
H. Bartow Farr III argued the cause for respondents. With him on the brief were Seth Richard Lesser, Max W. Berger, Louis C. Paul, Richard G. Taranto, Moshe Maimon, and Steven J. Phillips.*
*Briefs of amici curiae urging reversal were filed for the State of South Dakota et al. by Mark W. Barnett, Attorney General of South Dakota, and John Patrick Guhin, Deputy Attorney General, and by the Attorneys General for their respective States as follows: Daniel E. Lungren of California, Frank J. Kelley of Michigan, Joseph P. Mazurek of Montana, Frankie Sue Del Papa of Nevada, Dennis C. Vacco of New York, Jan Graham of Utah, and Gay Woodhouse of Wyoming; for Lewis County, Idaho, by Kimron R. Torgerson, Marc A. Lyons, and Tom D. Tobin; for the Association of American Railroads by Betty Jo Christian, Charles G. Cole, Sara E. Hauptfuehrer, and Daniel Saphire; for the Interstate Natural Gas Association of America by James W. McCartney and Richard H. Page; for Kerr-McGee Corp. by John Townsend Rich, Richard T. Conway, Michael R. Comeau, and Jon J. Indall; and for the National Mining Association by James B. Hamlin, Anthony J. Thompson, and Harold P. Quinn, Jr.
Briefs of amici curiae urging affirmance were filed for the Fallon Paiute-Shoshone Tribe by Melody L. McCoy and Kim Jerome Gottschalk;
475
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