Here are the materials in United States v. Washington (subproceeding 11-02):
Port Gamble and Jamestown S’Klallam Tribes Brief
Oral argument video here.
Here are the materials in United States v. Washington (subproceeding 11-02):
Port Gamble and Jamestown S’Klallam Tribes Brief
Oral argument video here.
Here are the materials in United States v. Washington subproceeding 11-2 (W.D. Wash.):
164 Jamestown and Port Gamble Motion
176 Jamestown and Port Gamble Response
186 Jamestown and Port Gamble Reply
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.
AP Story here.
Early this month, the Sierra Club and other conservation groups sent a 60-day notice of intent to sue to coal companies. The groups intend to file in federal court against the companies for violating the Clean Water Act. Stories on the notice are here and here.
The most recent previous post on this subject is here.
Here.
Here are the materials in United States v. Washington, subproceeding 11-02 (W.D. Wash.):
Here is the opinion. And the briefs:
The underlying merits decision from the D.C. Circuit vacating a Bush-era EPA mercury rule is here. BLT coverage is here.
Here are the intervening tribes and organizations:
Bay Mills Indian Community, Grand Traverse Band of Ottawa and Chippewa Indians, Jamestown S’Klallam Tribe, Lac Courte Oreilles Band of Lake Superior Chippewa Indians, Little River Band of Ottawa Indians, Little Traverse Bay Bands of Odawa Indians, Lower Elwha Klallam Tribe, Lummi Nation, Minnesota Chippewa Tribe, National Congress of American Indians, Nisqually Tribe, and Swinomish Indian Tribe Community
Here is the order list for today (the reference to Sharp is on page 10).
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