Ninth Circuit Materials in United States v. Washington Subproceeding 17-03 — Stillaguamish U&A

Oral argument here:

Briefs here:

Lower court materials here.

Charles Wilkinson on the History of the Boldt Decision

Charles F. Wilkinson and the University of Washington Press have published “Treaty Justice: The Northwest Tribes, the Boldt Decision, and the Recognition of Fishing Rights.”

Blurb:

In 1974, Judge George Boldt issued a ruling that affirmed the fishing rights and tribal sovereignty of Native nations in Washington State. The Boldt Decision transformed Indigenous law and resource management across the United States and beyond. Like Brown v. Board of Education, the case also brought about far-reaching societal changes, reinforcing tribal sovereignty and remedying decades of injustice.

Eminent legal historian and tribal advocate Charles Wilkinson tells the dramatic story of the Boldt Decision against the backdrop of salmon’s central place in the cultures and economies of the Pacific Northwest. In the 1960s, Native people reasserted their fishing rights as delineated in nineteenth-century treaties. In response, state officials worked with non-Indian commercial and sport fishing interests to forcefully—and often violently—oppose Native actions. These “fish wars” spurred twenty tribes and the US government to file suit in federal court. Moved by the testimony of tribal leaders and other experts, Boldt pointedly waited until Lincoln’s birthday to hand down a decision recognizing the tribes’ right to half of the state’s fish. The case’s long aftermath led from the Supreme Court’s affirmation of Boldt’s opinion to collaborative management of the harvest of salmon and other marine resources.

Expert and compelling, Treaty Justice weaves personalities and local detail into the definitive account of one of the twentieth century’s most important civil rights cases.

Michigan COA Affirms Dismissal of Quiet Title Action Implicating Federal Trust Land Held for GTB, BMIC, and Sault Tribe

Here are the opinions in Nelson v. Chippewa Ottawa Resource Authority:

Unpublished Opinion

Dissent

Blast from the Past — Bill LeBlanc, John Bailey, and Nancy Kida in Treaty Rights Negotiations

Lesson — always bring your copy of Cohen. . . .

Sneak Preview of Benally-Singel-Fletcher Conversation about Contract Law @ Columbia Law School Later Today

Can’t promise what’s gonna transpire, but happy to share some images. . . . full comic here.

Northwestern Shoshone Treaty Suit Prevails against Idaho in Ninth Circuit

Here is the opinion in Northwestern Band of the Shoshone Nation v. Wooten.

Briefs here.

Law.

Eighth Circuit Briefs in Mille Lacs Ojibwe Beef with County Sheriff

Here are the briefs in Mille Lacs Band of Ojibwe v. Madore:

Other briefs TK.

Lower court materials here.

Not to scale

Ninth Circuit Rejects Lummi’s U&A Fishing Claims

Here is the opinion in Swinomish Indian Community v. Lummi Nation.

Briefs here. Lower court materials here.

United States v. Michigan Consent Decree Approved by Federal Court

Here are the materials in United States v. Michigan (W.D. Mich.):

My last half-assed effort to keep up with the pleadings is here.

And since there are still potential billable hours, except a robust and wasteful appeal or several and, ultimately, a cert petition or several.

Fond du Lac Band Ojibwe Sues Chemical Companies over PFAS

Here is the complaint in Fond du Lac Band of Lake Superior Chippewa v. The 3M Company (D.S.C.):