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Tag Archives: fishing rights
Federal Magistrate Recommends Dismissal of Shinnecock Members’ Off-Reservation Fishing Rights Suit
Here are the materials in Silva v. Farrish (E.D. N.Y.): 54-3 county defendants motion to dismiss 54-4 reply 54-5 plaintiffs opposition 56-3 state defendants motion to dismiss 56-6 plaintiffs opposition 56-8 reply 63 magistrate report Prior post here.
President Fawn Sharp on the Culverts Case
Here (scroll down to the second audio player).
Posted in Author: Ann Tweedy, News, treaty rights
Tagged culverts, culverts case, Fawn Sharp, fishing rights, President Sharp, Quinault, U.S. v. Washington
Quileute & Quinault response to request for rehearing/rehearing en banc in ocean U&A case
Here is Quileute & Quinault’s response, addressing issues such as whether the Stevens treaties must be read together, the meaning of “fish” and whether U&As are species-specific, the proper use of the canons of construction, and what we know of … Continue reading
Posted in Author: Ann Tweedy, treaty rights
Tagged 9th Circuit, en banc, fishing rights, Makah, Ocean case, Quileute, Quinault, U&A, U&A litigation, U.S. v. Washington
Ninth Circuit Audio and Video in United States v. Washington Culverts Appeal
Audio and video. Opening and answer briefs. Lower court materials here and here.
Decision in US v. WA ocean dispute between Makah and Quileute and Quinault
Decision is here: ocean case decision. Bottom line: Quileute has fishing rights 40 miles offshore, and Quinault has rights 30 miles offshore. Previous coverage is here.
Posted in Author: Ann Tweedy, treaty rights
Tagged fishing rights, Makah, Quileute, Quinault, US v. WA
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Answer Briefs in United States v. Washington Culverts Appeal
Here: Tribal Brief US Brief Indian Law Professors Pacific Coast Federation of Fishermen’s Associations
State of Washington’s Opening Brief in Ninth Circuit Appeal of Culverts Decision
Here: State’s Opening Brief Update: Oregon Amicus Lower court materials are here.
Judge Martinez Issues Permanent Injunction Favoring Treaty Tribes in U.S. v. Washington Culverts Subproceeding
HUGE. Here is the order (briefs shortly): 752 – Memorandum and Order Granting Perm. Injunction Tribal Supplemental Brief US Supplemental Brief Washington Supplemental Brief UPDATE: Perm Injunction Judge Martinez’s 2007 order (and materials) is here.
Lax Kw’alaams Indian Band v. Canada – Something Smells Fishy About This Decision…
In Lax Kw’alaams Indian Band v. Canada (Attorney General), 2011 SCC 56, the Supreme Court of Canada recently (Nov. 10) dealt a serious blow to any tribes wanting to engage in commercial fisheries within their traditional territories. The unanimous, 7 judge court … Continue reading
US v. Washington — Culverts Materials
In August, Judge Martinez granted the Stevens treaty tribes’ motion for summary judgment in the culvert subproceeding. Here are some of those materials: Tribal Motion for Summary Judgment State Motion for Summary Judgment District Court Opinion
