So in reading the transcript from today. It appears that the state of wyoming is not arguing the validity of the treaty. They are only making the case that the land is now occupied. It appers they have put all their eggs in one basket with this argument.
I did notice this from Mr. Herreras attorneys:
And the last point on conservation
necessity, you know, this discussion I think
just demonstrates that if the Court finds that
the -- the treaty right is valid and has not
been terminated, Wyoming still has the ability
to regulate its -- its wildlife, its natural
resources, simply according to the conservation
necessity standard like every other state
already has to do.
So I'm hoping this means tribal leaders will obey current fish and game laws. But who knows...