Here are the materials in United States v. Washington, subproceeding 11-02 (W.D. Wash.):
Lower court materials here.
Here are the new materials in United States v. Washington (W.D. Wash.) [subproceeding 11-02]:
Previous lower court court materials here.
Here are the materials in United States v. Washington subproceeding 11-2 (W.D. Wash.):
This matter is on remand from the Ninth Circuit, materials here.
Here is the court’s opinion in United States (Lower Elwha Klallam Indian Tribe) v. Lummi Tribe:
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.
A case in point is the Elwha River on the Olympic Peninsula in Washington, where two hydroelectric dams built early in the last century exacted huge environmental costs but were no longer important as power generators. Salmon runs that once reached about 400,000 fish a year dropped to fewer than 3,000. A year after the Elwha Dam was removed, Chinook salmon returned to the river in numbers not seen in decades, with three-quarters of them observed spawning upstream of the former dam site. Today, the river runs free from its headwaters in Olympic National Park to the Strait of Juan de Fuca, and a terrible wrong imposed on the salmon-dependent Lower Elwha Klallam tribe has been righted.
Here are the updated materials in Wild Fish Conservancy v. National Park Service (W.D. Wash.):