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.

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.

Miller v. Spirit Grove Cemetery: Suit over Ownership of Tribal Member Headstone on Now-Private Land

Here are the materials:

Defendants’ Motion for Partial Summary Judgment

Plaintiffs’ Response in Opposition to Defendants’ Motion for Partial Summary Judgment and Memorandum in Support Thereof

Defendants’ Reply In Support of Summary Judgment

Entered Order Denying Defendants’ Motion for Partial Summary Judgment

State of Washington City and Tribal Leaders Form Coalition Against Coal Trains

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.

ICT Profile on Diana Bob, Northwest Indian Bar Association President

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

Split D.C. Circuit Grants Attorney Fees to Tribal Intervenors in EPA Mercury Rule Case (New Jersey v. EPA)

Here is the opinion. And the briefs:

Tribal Motion for Atty Fees

EPA Opposition

Tribal Reply

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

Supreme Court Denies Cert in Sharp v. United States

Here is the order list for today (the reference to Sharp is on page 10).