Skokomish Tribe Effort to Re-Open Its U&A Fishing Territory Fails

Here are the materials in United States v. Washington subproceeding 17-1 (Skokomish Indian Tribe v. Squaxin Island Tribe of the Squaxin Island Reservation) (W.D. Wash.):

1-1 Skokomish Request for Determination

21 S’Klallam Tribes Motion to Dismiss

23 Squaxin Island Motion to Dismiss

32 Skokomish Response

33 S’Klallam Reply

35 Squaxin Reply

41 Squaxin Reply

42 DCT Order

Superior Court Finds Upper Skagit Tribe Necessary Party in Declaratory Action

Download Court’s letter opinion in re: Schuyler v. Unsworth & Dept. of Fish and Wildlife, Thurston County Cause No. 14-2-02373-9 here.

A member of the Upper Skagit Tribe filed an action in Superior Court for declaratory relief on certain tribal hunting and fishing rights guaranteed by the Treaty of Point Elliot.  However, the Court held that the case affects the rights of the Tribe and therefore the case must be dismissed if it cannot be joined within 90 days.

Ninth Circuit Briefs in U.S. v. Washington Subproceeding 11-02 (Lummi v. S’Klallam Tribes & Tulalip)

Here are the materials in United States v. Washington (subproceeding 11-02):

Lummi Nation Brief

Tulalip Tribes Answer Brief

Port Gamble and Jamestown S’Klallam Tribes Brief

Lower Elwha Brief

Lummi Reply

Suquamish Tribe Brief

Oral argument video here.

S’Klallam Tribes Prevail over Lummi in U.S. v. Washington U&A Subproceeding

Here are the materials in United States v. Washington subproceeding 11-2 (W.D. Wash.):

164 Jamestown and Port Gamble Motion

167 Lummi Motion

168 Lower Elwha Motion

176 Jamestown and Port Gamble Response

178 Suquamish Response

183 Lower Elwha Response

186 Jamestown and Port Gamble Reply

189 Lummi Reply

193 Lower Elwha Reply

210-Order on SJ

This matter is on remand from the Ninth Circuit, materials here.

Upper Skagit Tribe Prevails over Suquamish Tribe in U&A Subproceeding

Here are the materials in United States v. Washington (W.D. Wash., subproceeding 14-01):

37 Suquamish Motion for Summary J

38 Upper Skagit Motion for Summary J

44 Interested Parties Response

45 Upper Skagit Response

47 Suquamish Response

54 Upper Skagit Reply

56 Suquamish Reply

62 DCT Order

Ninth Circuit Materials in Tulalip v. Suquamish Subproceeding 05-4

Here are the briefs in United States v. Washington (subproceeding 05-4):

Tulalip Opening Brief

Suquamish Answer Brief

Tulalip Reply

Oral argument audio and video.

Lower court materials here.

Ninth Circuit Rules in Favor of Lummi Tribe in Treaty Fishing Dispute

Here is the court’s opinion in United States (Lower Elwha Klallam Indian Tribe) v. Lummi Tribe:

CA9 Opinion

The court’s syllabus:

The panel reversed the district court’s summary judgment entered in favor of the Klallam Tribe in a case involving a fishing territory dispute between two sets of Indian Tribes, brought pursuant to the continuing jurisdiction of the 1974 “Boldt Decree” issued by the U.S. District Court for the Western District of Washington.

The panel held that the issue of whether the waters immediately to the west of northern Whidbey Island were part of the Lummi Tribe’s usual and accustomed fishing grounds had not yet been determined. The panel held, therefore, that the district court erred in concluding that the issue was controlled by law of the case. The panel remanded to the district court for further proceedings.

Judge Rawlinson dissented because she would hold that the district court properly applied the law of the case doctrine where the fishing rights issue was addressed in the prior opinion United States v. Lummi Indian Tribe, 235 F.3d 443 (9th Cir. 2000).

Briefs and other materials here.

Ninth Circuit Materials in U.S. v. Washington Subproceeding — Klallam Tribes v. Lummi Tribe

Here:

Lummi Opening Brief

Klallam Tribes Answer Brief

Lummi Reply

Oral argument audio here.

Lower court materials here.

Prior CA9 opinion and materials here.

Federal Court Issues Decision in Challenge to Suquamish Usual and Accustomed Fishing Areas

Here are the materials in United States v. Washington subproceeding 05-4 (W.D. Wash.):

193 Swinomish Motion for Partial Summary J

195 Suquamish Motion

199 Tulalip Motion

Subp 05-4 Dkt 242 Order Suquamish-1

Materials on subproceeding 05-3 are here.

Klallam Tribes Win Fishing Territory Rights Case against Lummi Nation

Here are the materials in United States v. Washington, subproceeding 11-02 (W.D. Wash.):

Klallam Tribes Motion

Lummi Response

Klallam Tribes Reply

DCT Order in subproceeding 11-02