“The States have a right to expect that the Department of the Interior’s permitting decisions will be reasoned and supported by the evidence, particularly when those decisions infringe on our national traditions,” the amicus brief concludes. “The Court should grant South Dakota’s motion for a preliminary injunction and order the Department of the Interior to grant the fireworks permit.”
Herbert Frost, a regional director of the National Park Service, told South Dakota Tourism Secretary Jim Hagen in a March 11 letter that the coronavirus pandemic combined with other considerations “do not allow a safe and responsible” fireworks exhibit at the location.
Noem lodged the suit at the end of April. In an April 30 tweet she wrote: “After telling us they’d ‘circle back,’ the Biden Administration has not responded to our request to uphold the Memorandum of Agreement between the State of South Dakota and the National Parks Service to host a safe and responsible national celebration and fireworks show.”