1836 Treaty of Washington

MSU ILPC Conference — Treaty Waters at Risk: Tribal Sovereignty and the Line 5 Challenge in the Great Lakes — April 17, 2026

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Photo credit: Owen Singel-Fletcher

Registration here.

Join us at MSU Law for Treaty Waters at Risk: Tribal Sovereignty and the Line 5 Challenge in the Great Lakes, a one-day conference on Friday, April 17, 2026, examining the legal and environmental stakes of energy infrastructure in treaty-protected waters.

Featuring a keynote by Whitney Gravelle, MSU Law and ILPC alumna and President of the Bay Mills Indian Community, the program brings together leading voices to discuss treaty rights, co-management, and the ongoing Line 5 conflicts at Bad River and the Straits of Mackinac.

Sault Tribe v. Michigan — Briefs in Opposition to Cert

Matthew L.M. Fletcher

Here:

Federal Brief in Opposition

Tribal Brief in Opposition

Petition here.

Michigan COA Holds Mackinac Band Member Possesses Fishing Rights

Matthew L.M. Fletcher

Here is the opinion in People v. Caswell.

Prior opinion here.

Briefs when we get them

Sault Tribe Seeks Supreme Court Review of Federal Court Approval of Treaty Rights Consent Decree

Matthew L.M. Fletcher

Here is the petition in Sault Ste. Marie Tribe of Chippewa Indians v. Michigan:

Cert PetitionDownload

Question presented:

Whether a district court has “inherent equitable power” to enter a coercive “decree” restricting an Indian tribe’s treaty rights without its consent and without satisfying this Court’s well-established standards for injunctive relief.

Lower court materials here.

Sixth Circuit Rejects Sault Tribe’s Objections to 2023 Consent Decree re: 1836 Treaty Rights

Matthew L.M. Fletcher

Here is the opinion in United States v. Michigan:

CA6 OpinionDownload
Jiiman sink??

Briefs here.

Sault Tribe Challenge to 1836 Treaty Consent Decree Heard in Sixth Circuit

Matthew L.M. Fletcher

Here is the oral argument audio (Ryan Mills for Sault Tribe).

Briefs:

Sault Tribe Opening Brief.pdfDownload
Federal Brief.pdfDownload
GTB Brief.pdfDownload
BMIC Brief.pdfDownload
Michigan Brief.pdfDownload
Sault Tribe Reply.pdfDownload

Details on the consent decree here.

United States v. Michigan Consent Decree Approved by Federal Court

Matthew L.M. Fletcher

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

2131. 2023-08-24 ORDER Adopting the 2023 GL Fishing Decree.pdfDownload
2130. 2023-08-24 OPINION re the Approval of the GL Fishing Decree.pdfDownload

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.

Sixth Circuit Denies Intervention to Third Party Org in United States v. Michigan Treaty Litigation

Matthew L.M. Fletcher

Here is the order in United States v. Michigan.

Briefs:

Coalition Brief.pdfDownload
Federal Brief.pdfDownload
State Brief.pdfDownload
Sault Tribe Brief.pdfDownload
Coalition Reply.pdfDownload

Materials re: Opposition to Proposed U.S. v. Michigan Consent Decree [updated]

Matthew L.M. Fletcher

Lots of lawyers making money on what appears to be utterly farcical litigation.

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

2056 Sault Tribe Brief Opposing Extension and Motion to Dismiss.pdfDownload
2062 Amicus Coalition Objection to Decree.pdfDownload
2063 Motion to File Amicus Brief.pdfDownload
2063-1 Proposed Amicus Brief.pdfDownload

2074 State Opposition to Motion to Reconsider

2075 GTB Response to Motion to Reconsider

2076 Federal and Tribal Opposition to Sault Motion to Reconsider Stay Order

2077 Sault Tribe Objections to Proposed Consent Decree

2078 Sault Tribe Motion

Prior post with the details of the consent decree here.

Here are materials in an interlocutory (?) appeal on whether the amici can formally intervene in the case (there is a federal brief, joined by the four tribes who signed onto the consent decree, that is sealed):

Proposed Intervenor Brief.pdfDownload
Sault Tribe Opposition to Motion to Intervene.pdfDownload
State Opposition to Motion to Intervene.pdfDownload

Proposed U.S. v. Michigan Consent Decree on Great Lakes Fishing

Matthew L.M. Fletcher

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

2042 Stipulation.pdfDownload
2042-1 Proposed Consent Decree.pdfDownload
2042-2 CORA Rules.pdfDownload
2042-3 Tribal Plan.pdfDownload
2042-4 Maps.pdfDownload
2042-5 GPS.pdfDownload
2042-6 Research Priorities.pdfDownload
2047 Sault Tribe Motion.pdfDownload