New York Federal Court Rejects Unkechaug Fishing Rights

Here are the materials in Unkechaug Indian Nation v. New York State Dept. of Environmental Conservation (E.D. N.Y.):

Briefs here.

Jaune Smith

Cross-Motions for Summary Judgment in Unkechaug Nation Off-Reservation Fishing Rights Claim

Here are the materials in Unkechaug Indian Nation v. Seggos (E.D. N.Y.):

99 State MSJ

105 Unkechaug MSJ

114 State Reply

116 Unkechaug Reply

Prior post here.

News Profile of Cindi and Ed John [GTB Fishers]

Here is “Tribal fishers left waiting for federal aid,” from the Traverse City Record-Eagle.

Split Minnesota COA Rejects Treaty Rights Defense in Prosecution for Fishing on Gull Lake by Fond du Lac Member

Here is the unpublished opinion in State v. Northrup:

state-v-northrup.pdf

Unkechaug Nation Fishing Rights Case Survives Motion to Dismiss

Here are the materials in Unkechaug Indian Nation v. New York State Dept. of Environmental Conservation (E.D. N.Y.):

1 Complaint

27 Unkechaug Opposition to 28

28-1 NY Motion to Dismiss

29 Reply

38 DCT Order

Ninth Circuit Briefs in Skokomish Indian Tribe v. Forsman

Here:

Skokomish Opening Brief

Forsman Answer Brief

Skallam Tribes Amicus Brief

Lower court materials here.

Skokomish Tribe Effort to Re-Open Its U&A Fishing Territory Fails

Here are the materials in United States v. Washington subproceeding 17-1 (Skokomish Indian Tribe v. Squaxin Island Tribe of the Squaxin Island Reservation) (W.D. Wash.):

1-1 Skokomish Request for Determination

21 S’Klallam Tribes Motion to Dismiss

23 Squaxin Island Motion to Dismiss

32 Skokomish Response

33 S’Klallam Reply

35 Squaxin Reply

41 Squaxin Reply

42 DCT Order

Ninth Circuit Materials in Tulalip v. Suquamish Subproceeding 05-4

Here are the briefs in United States v. Washington (subproceeding 05-4):

Tulalip Opening Brief

Suquamish Answer Brief

Tulalip Reply

Oral argument audio and video.

Lower court materials here.

Bill to Clear Treaty Fishing Convictions Heads to Gov. Inslee

Here.

American Indian tribal members arrested while exercising their treaty fishing rights before 1975 would get the chance to clear their criminal records under a bill headed to Gov. Jay Inslee’s desk.

House Bill 2080 passed the Senate unanimously Wednesday. It passed the House in February.

The measure would allow tribal members to apply to the sentencing court to expunge their related misdemeanor, gross misdemeanor or felony convictions. Family members and tribal officials also could seek a vacated criminal record on behalf of a deceased person. The court would have the discretion to vacate the conviction, unless certain conditions apply, such as if the person was convicted for a violent crime or crime against a person.

via @SmithsonianNMAI

Federal Court Issues Decision in Challenge to Suquamish Usual and Accustomed Fishing Areas

Here are the materials in United States v. Washington subproceeding 05-4 (W.D. Wash.):

193 Swinomish Motion for Partial Summary J

195 Suquamish Motion

199 Tulalip Motion

Subp 05-4 Dkt 242 Order Suquamish-1

Materials on subproceeding 05-3 are here.