treaty rights – Page 32

Ninth Circuit Affirms Dismissal of Skokomish v. Forsman

June 19, 2018June 19, 2018Matthew L.M. Fletcher

Here is the unpublished opinion:

17-35336 docket 47_6.18.2018

Briefs here.

President Fawn Sharp on the Culverts Case

June 12, 2018Ann Tweedy

Here (scroll down to the second audio player).

‘This Ruling Gives Us Hope’: Supreme Court Sides With Tribe in Salmon Case

June 12, 2018June 12, 2018Teresa Walrod

From the NY Times:

There was a time when the murky waters of the Skagit River offered bountiful salmon harvests to the Swinomish Indians of Washington State. They could fill an entire boat with one cast of the net back then, and even on a slow day, they could count on hauling in dozens of fish.

But on a cloudy morning last month, the tribal community chairman, Brian Cladoosby, was having no luck. Drifting in his 21-foot Boston Whaler, he spotted his 84-year-old father, Michael, standing in yellow overalls in another boat, pulling an empty net from the water.

“Where’s the fish, Dad?” the son asked.

That has been the dominant question for years among the Swinomish and other Native Americans, who have seen their salmon harvests dip by about 75 percent over the past three decades.

But on Monday, they got reason to hope that their salmon harvests would tick back up.

Article is HERE.

SCOTUS Affirms Culverts Case by Equally Divided Court

June 11, 2018Matthew L.M. Fletcher

Here is the order.

Background materials here.

NY Court of Appeals Affirms State Tax Collection Powers over Indian Retailers

June 8, 2018June 8, 2018Matthew L.M. Fletcher

Here is the opinion in White v. Scheiderman.

Briefs:

record on appeal

native outlet motion for leave to appeal

appellant brief

seneca nation amicus brief

cayuga nation amicus brief

state appellee brief

state response to tribal amici

reply brief

Federal Court Rejects Effort to Block Lummi Crab Fishery as Unripe

June 4, 2018Matthew L.M. Fletcher

Here are the materials in United States v. Washington subproceeding 18-02 (W.D. Wash.), aka Swinomish Indian Tribe v. Lummi Indian Tribe:

3 swinomish & tulalip motion for tro

16 upper skagit motion

19 lummi response

27 dct order

US Recommends Grant in Herrera v. Wyoming

May 23, 2018June 11, 2018Matthew L.M. Fletcher

Here is the invitation brief:

17-532 Herrera (ac pet)

UPDATE:

respondent supplemental brief

petitioner supplemental brief

Other cert stage briefs here.

Makah Whaling Cert Petition

May 22, 2018May 22, 2018Matthew L.M. Fletcher

Here is the petition in Makah Indian Tribe v. Quileute Indian Tribe & Quinault Indian Tribe:

2018-05-21 makah cert petition and appendix

Question presented:

The question presented is whether the Ninth Circuit—in conflict with the decisions of this Court and other courts—properly held the Treaty of Olympia confers this expansive “fishing” right.

Lower court materials in United States v. Washington subproceeding 09-01 here.