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Tag Archives: Lummi Nation
Federal Court Concludes U.S. v. Washington 11-02 Subproceeding [Lummi + S’Klallam Tribes]
Here are the new materials in United States v. Washington (W.D. Wash.) [subproceeding 11-02]: 238 Jamestown and Port Gamble S’Klallam Tribes Motion 240 Lummi Response 244 Lower Elwha Response 247 Jamestown and Port Gamble Reply 252 Lower Elwha Motion 254 … Continue reading
Posted in Author: Matthew L.M. Fletcher, Research, treaty rights
Tagged Boldt decision, Jamestown S'Klallam Tribe, Lower Elwha Klallam Tribe, Lower Elwha Klallam Tribe v. Lummi Nation, Lummi Nation, Ninth Circuit, Port Gamble S'Klallam Tribe, treaty rights, U&A litigation, United States v. Washington, Western District of Washington
Wilson v. Horton’s Towing Cert Petition [Montana; Exhaustion; Civil Forfeiture]
Here: Cert Petition Questions presented: 1. Does an Indian Tribe have authority under the second exception of Montana v. United States, 450 U.S. 544 (1981), to forfeit automobiles owned by non Native Americans for violation of tribal drug laws while on tribal … Continue reading
Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, Tribal Codes, tribal courts
Tagged cert petition, Lummi Nation, Rule 19, Supreme Court, tribal court exhaustion doctrine, tribal jurisdiction over nonmembers, tribal police confiscation, Western District of Washington, Wilson v. Doe, Wilson v. Horton's Towing
Ninth Circuit Affirms Order Requiring Exhaustion over Tribal Seizure of Truck
Here is the opinion in Wilson v. Horton’s Towing. Briefs: Wilson Opening Brief US Answer Brief Appellee Brief Reply Lower court materials here.
NYTs: “Old Treaties and New Alliances Empower Native Americans”
Here. Also, “Feeding the Fight at Standing Rock.”
Posted in cultural resources, Environmental, News, treaty rights
Tagged Lummi Nation, Standing Rock Sioux Tribe
Army Corps of Engineers Rejects Gateway Pacific Terminal
Download Memorandum for Record here. The Corps has denied the permit to build a coal export facility near Cherry Point after deciding the impact to Lummi Nation fishing would violate their treaty rights.
Federal Court Orders Tribal Exhaustion in Challenge to Lummi Seizure
Here are the materials in Wilson v. Doe (W.D. Wash.): 57 Horton’s Towing Motion for Summary J 61 Wilson Opposition to 57 62 Horton’s Towing Reply 64 Horton’s Towing Response to 60 & 61 65 US Brief 66 Wilson Reply … Continue reading
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 … Continue reading
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 … Continue reading
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.
