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Federal court denies Noem's Mount Rushmore fireworks appeal

Abortion-South Dakota
Posted at 3:33 PM, Jul 27, 2022

SIOUX FALLS, S.D. (AP) — A federal appeals court on Wednesday dismissed an appeal from South Dakota Gov. Kristi Noem in her lawsuit that attempted to overturn the National Park Service's denial of the state's application to hold a fireworks display at Mount Rushmore to celebrate 2021's Independence Day.

The Eighth Circuit of Appeals found that South Dakota's objections to the Park Service's decision were moot because it was in the past and the federal government was within its rights to deny the state from shooting off fireworks at the national memorial.

"The bottom line is that we cannot change what happened last year, and South Dakota has not demonstrated that deciding this otherwise moot case will impact any future permitting decision," Judge David Stras wrote in the court's opinion. "Any controversy has, in other words, fizzled out."

The Republican governor, who has positioned herself for a 2021 White House bid, has used the fireworks celebration as a political rallying point. She hosted former President Donald Trump at the 2020 celebration and the patriotic display, held during the early months of the COVID-19 pandemic, figured largely in her rise to national prominence. It was also the first time the fireworks had been held at Mount Rushmore in nearly a decade.

The governor's office did not immediately provide a comment on the court's decision.

South Dakota has paid nearly $230,000 to Consovoy McCarthy, a Virginia-based law firm that has taken up Republican causes across the country, including working for Trump, to represent the state in court.

The court's decision left open the possibility of the Park Service allowing a pyrotechnic display in the future, and Noem has already applied for a permit for next year. The Park Service denied Noem's 2022 application for fireworks, citing objections from Native American tribes, wildfire risks and other environmental concerns.

South Dakota had argued that the Park Service's decision was politically motivated as well as one that should only be made by Congress.

But Stras and the two other judges who issued the opinion disagreed: "Nobody has a right to shoot off fireworks on someone else's land, whether it be a neighbor; an area business; or as is the case here, a national park."