The Chippewa have been pushing for decades to hunt deer at night in northern Wisconsin's ceded territory even though the state has banned the practice out of safety concerns. Two years ago the tribes mounted another attempt, arguing the state has allowed night hunting to cull deer and slow chronic wasting disease.
Crabb rejected the tribes' arguments in December. The tribes filed notice in January they intended to appeal. They submitted a brief Monday with the 7th Circuit Court of Appeals, arguing night hunting has become more common and the state can't argue it's unsafe.
State wildlife officials referred questions to the state Department of Justice. A DOJ spokeswoman declined comment.