212542P.pdf   07/27/2022  Kristi Noem  v.  Deb Haaland
   U.S. Court of Appeals Case No:  21-2542
   U.S. District Court for the District of South Dakota - Central   
   [PUBLISHED] [Stras, Author, with Benton and Shepherd, Circuit Judges] 
   Civil case. The Park Service denied the State of South Dakota's 
   application for a permit for a fireworks display at Mount Rushmore on July 
   4, 2021, citing COVID risks, concerns about tribal relations, the effects 
   on other visitors, on-going construction at the monument site and 
   water-contamination and wildfire risks. The State sued the Park Service 
   alleging the decision was arbitrary and capricious and that the permit 
   scheme violated the nondelegation doctrine of Article I of the 
   Constitution. It sought an injunction ordering the Park Service to issue 
   the permit. The district court denied the request for injunctive relief 
   and later, after the Fourth of July, converted the order to final 
   judgment. The State appeals. The matter is moot - the court cannot change 
   what happened in 2021, and South Dakota has not demonstrated that deciding 
   this otherwise moot case will impact an future permitting decision; South 
   Dakota lacked standing to pursue its claim concerning the nondelegation 
   doctrine as the claim is not redressable.