Tag Archives: Stevens Treaties

State Criminal Fishing Case against Hazen Shopbell Dismissed

Here is the opinion in State of Washington v. Shopbell (Wash. Super. Ct. — Skagit County): order.pdf Prior case involving Shopbell is here.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, treaty rights | Tagged , , ,

New Scholarship on Sohappy v. Smith/United States v. Oregon

Michael C. Blumm and Cari Baermann have posted “The Belloni Decision and Its Legacy: United States v. Oregon and Its Far-Reaching Effects After a Half-Century” on SSRN. It is forthcoming in Environmental Law. Abstract: Fifty years ago, Judge Robert Belloni … Continue reading

Posted in Author: Matthew L.M. Fletcher, legal history, Scholarship | Tagged , ,

New Scholarship on Indian Treaty Rights and Fossil-Fuel Exports Projects in the Pacific Northwest

Michael C. Blumm & Jeffrey Litwak have posted “Democratizing Treaty Fishing Rights: Denying Fossil-Fuel Exports Projects in the Pacific Northwest,” forthcoming in the Colorado Natural Resources, Energy & Environmental Law Review, on SSRN. Here is the abstract: Indian treaty fishing rights … Continue reading

Posted in Author: Matthew L.M. Fletcher, cultural resources, Environmental, Scholarship, treaty rights | Tagged , , ,

Makah Whaling Cert Petition

Here is the petition in Makah Indian Tribe v. Quileute Indian Tribe & Quinault Indian Tribe: 2018-05-21 makah cert petition and appendix Question presented: The question presented is whether the Ninth Circuit—in conflict with the decisions of this Court and … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, treaty rights | Tagged , , , , ,

Washington v. United States Background Materials [culverts]

Oral argument transcript: oral argument transcript Merits stage briefs: 17-269ts Petitioners Brief 17-269bsUnitedStates 17-269-bs-Tribal Respondents Amici in Support of Petitioners: Idaho and 10 Other States Brief Pacific Legal Foundation Brief Modoc Point Irrigation District Brief Business Organizations Brief Citizens Equal Rights … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, treaty rights | Tagged , , , | 2 Comments

Skokomish Suit against Suquamish Council Members Dismissed in Federal Court

Here are the materials in Skokomish Indian Tribe v. Forsman (W.D. Wash.): 15 Motion to Dismiss 19 Response 20-2 Sklallam Amicus Brief 22 Reply 34 DCT Order

Posted in Author: Matthew L.M. Fletcher, Research, sovereign immunity, treaty rights | Tagged , , , , ,

Amended Panel Decision in the Culverts Case

Here. All aspects of the substantive holding are retained. This new order adds analysis on a couple of issues (recoupment and the State’s futility argument). No word yet on the court’s response to the request for rehearing en banc. View … Continue reading

Posted in Author: Ann Tweedy, Environmental, News, treaty rights | Tagged , , , , | 1 Comment

State v. Joseph: Washington Cannot Prosecute Tribal Members for Illegally Harvesting Geoducks

Here is the opinion from King County District Court: Joseph crim decision 4.4.11 Thanks to M.T. for sending this along.

Posted in Author: Matthew L.M. Fletcher, Criminal, Research, treaty rights | Tagged , , , , ,

Suquamish Tribe Files Cert Petition in U.S. v. Washington Dispute

Here is the petition in Suquamish Tribe v. Upper Skagit Tribe: Suquamish Cert Petition. Here is the question presented: Whether a court implementing an unambiguous court order is bound to apply that order according to its plain terms, or whether … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, Supreme Court, treaty rights | Tagged , , , , , , , , , , , , , | 1 Comment

Douglas Harris on the Boldt Decision in Canada

Douglas C. Harris posted his paper,The Boldt Decision in Canada: Aboriginal Treaty Rights to Fish on the Pacific, part of THE POWER OF PROMISES: RETHINKING INDIAN TREATIES IN THE PACIFIC NORTHWEST, Alexandra Harmon, ed., University of Washington Press, 2008. Here … Continue reading

Posted in Author: Matthew L.M. Fletcher, international law, legal history, Scholarship, treaty rights | Tagged , , , , ,