Federal Court Rejects Shinnecock Fishers’ Suit

Here are the materials in Silva v. Farrish (E.D. N.Y.):

90 Objection to Magistrate Report

92 Response

96 DCT Order

Prior briefs here.

Federal Magistrate Recommends Dismissal of Shinnecock Members’ Off-Reservation Fishing Rights Suit [again]

Here are the updated materials in Silva v. Farrish (E.D. N.Y.):

83-6 Suffolk County Motion for Summary Judgment

83-10 Opposition

83-12 Reply

84-8 New York Motion for Summary Judgment

84-13 Opposition

84-14 Reply

89 Magistrate Report

Prior post here.

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.

UPDATE:

64 objections

65 Suffolk County

Response

66 Silva Reply

President Fawn Sharp on the Culverts Case

Here (scroll down to the second audio player).

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 the treaty negotiations at issue here.

Previous coverage here.

Ninth Circuit Audio and Video in United States v. Washington Culverts Appeal

Audio and video.

Billy Frank atop a culvert
Billy Frank atop a culvert

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.

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.