In January 2014 Clayvin Herrera, a member of the Crow Tribe of Indians, along with several other members of his tribe, followed a group of
Rocky Mountain elk from the Crow reservation in Montana into Bighorn National Forest in Wyoming. There, they shot three elk, taking them home for food. Wyoming officials cited Herrera and his companions for hunting out of season, a violation of state law. Herrera's two companions both pleaded guilty to the poaching charges and paid the fines that Wyoming imposed. Herrera, however, argued that their hunt was lawful, citing the
Treaty of Fort Laramie, which allowed them to hunt on "unoccupied lands". because it had joined the Union "on the same footing" as the other states, giving it control over the natural resources within its border. == Case ==