Treaty of Point Elliott

Above the Law Report on the Ninth Circuit’s Order Asking BNSF to Clarify Portions of Its Briefing in Dispute with Swinomish

Matthew L.M. Fletcher

Here.

We posted the order on the case page here.

Ninth Circuit Briefs in Muckleshoot U&A Appeal [U.S. v. Washington Subproceeding 17-02]

Matthew L.M. Fletcher

Here:

Appellants Corrected Opening Brief

Appellee Nisqually Indian Tribe Answering Brief 

Appellee Squaxin Island Tribe Brief 

Brief of Interested Party Sauk-Suiattle Indian Tribe 

Real Party in Interest Breif fo the Stilliguamish Tribe of Indians

Real Party in Interest Brief fo the Hoh Indian Tribe

Appellee Puyallup Tribe Brief

Jamestown et al brief

Suq Responsive Br

Reply brief

Lower court materials here.

Ninth Circuit Briefs in Swinomish v. BNSF

Matthew L.M. Fletcher

Here:

BNSF opening brief

Swinomish answer brief

Tribal Amicus

State Amicus

BNSF Reply

Other posts here.

Oral argument audio here.

UPDATE: ca9.pdf 

BNSF Letter Brief

Swinomish Response

 

Federal Court Dismisses U.S. v. Washington Subproceeding 17-02 [Muckleshoot Request for U&A Determination in Puget Sound Saltwater]

Matthew L.M. Fletcher

Here are the materials in Muckleshoot Indian Tribe v. Tulalip Tribes (W.D. Wash.):

25 Motion to Dismiss

27 Suquamish Motion to Dismiss

31 Muckleshoot Response

37 Reply

39 Suquamish Reply

40 DCT Order

 

Ninth Circuit Briefs in Skokomish Indian Tribe v. Forsman

Matthew L.M. Fletcher

Here:

Skokomish Opening Brief

Forsman Answer Brief

Skallam Tribes Amicus Brief

Lower court materials here.

Washington COA Rejects Snoqualmoo Indian Treaty Rights to Defense to Elk Harvest

Matthew L.M. Fletcher

Here is the opinion in State v. Snyder:

Opinion

An excerpt:

In 1974, the United States District Court for the Western District of Washington, as affirmed by the United States Supreme Court, took continuing jurisdiction over fishing disputes arising from the Treaty of Point Elliot and other treaties. Since then, the federal courts have not only interpreted these treaties but continue to supervise their application. The supreme court has held that the lower federal court rulings in this matter bind the State, state courts, private individuals like the Snyders, and organizations like the Snoqualmoo Tribe. We see no reason why we should not follow this guidance in the case of hunting rights.

Briefs:

Superior Court Finds Upper Skagit Tribe Necessary Party in Declaratory Action

Sarah M Donnelly

Download Court’s letter opinion in re: Schuyler v. Unsworth & Dept. of Fish and Wildlife, Thurston County Cause No. 14-2-02373-9 here.

A member of the Upper Skagit Tribe filed an action in Superior Court for declaratory relief on certain tribal hunting and fishing rights guaranteed by the Treaty of Point Elliot.  However, the Court held that the case affects the rights of the Tribe and therefore the case must be dismissed if it cannot be joined within 90 days.

Army Corps of Engineers Rejects Gateway Pacific Terminal

Sarah M Donnelly

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.

Ninth Circuit Dismisses Appeal of Fake Indians and Fake Indian Court

Matthew L.M. Fletcher1 Comment

Here are the materials in Koniag Inc v. Kanam:

Unpublished CA9 Memorandum

3 Order to Show Cause

5 Kanam Response

6 Koniag Response

8 Order Setting Briefing Schedule

9-1 Koniag Motion for Reconsideration

10 Kanam Opening “Breif”

13 Order Denying Motion

19-1 Koniag Answer Brief

26-1 Kanam Reply

Lower court materials here, here, here, and here.

Federal Court Enjoins Actions of Fake Tribal Court Harassing Native Village Corporation

Matthew L.M. Fletcher4 Comments

Here are the materials in Koniag, Inc. v. Kanam (D. Alaska):

DCT Order Granting PI

Koniag Motion for PI

Kanam Opposition

Koniag Reply

We posted previously on this case here, here, and here.