United States v. Washington – Page 3

Tulalip, Suquamish, Swinomish, and Upper Skagit Reach Settlement with State on Crab Harvest Estimates

January 28, 2021January 28, 2021Matthew L.M. Fletcher

Here are the materials in United States v. Washington, subproceeding 89-03 (W.D. Wash.):

Three Tribes Withdraw Laches as a Defense in US v. Washington Subproceeding 17-03

January 20, 2021Matthew L.M. Fletcher

Here are the notices of withdrawal of laches as a defense in United States v. Washington subproceeding 17-03 (W.D. Wash.):

Sub 17-03 Swinomish Indian Tribal Community Notice of Withdrawal of Laches Defense 011921

Sub 17-03 The Tulalip Tribes Withdrawal of Laches Defense 011921

Sub 17-03 Upper Skagit Indian Tribe Withdrawal of Laches Defense 011921

Prior posts here and here.

As I wrote in 2015, I see this as a good thing — the possibility that the laches defense could be used against tribal treaty rights has hung like a smoggy haze over Indian country ever since 2005. It staggers me to think that tribes would do this to themselves for short-term, and probably illusory, gain.

SCOTUS Denies Cert. in Muckleshoot v. Tulalip

November 2, 2020Matthew L.M. Fletcher

Here is today’s order list.

Here are the materials.

Materials in Upper Skagit & Sauk-Suiattle U&A Dispute

October 6, 2020November 12, 2020Matthew L.M. Fletcher

Here are the materials so far in United States v. Washington (W.D. Wash.), subproceeding 20-01, aka Upper Skagit Indian Tribe v. Sauk-Suiattle Indian Tribe:

1-1 Upper Skagit Request

2 Motion for TRO

6 Sauk-Suiattle Response to 1

7 Sauk-Suiattle Response to 2

8 DCT Order Granting 1

15 Tulalip Response to 2

20 DCT Order Denying 2

Update (11-12-2020):

22 Motion for Reconsideration

23 Saul-Suiattle Response

24 Upper Skagit MSJ

27 Sauk-Suiattle MTD

28 Sauk-Suiattle Response to 24

29 Swinomish Response to 24

31 Upper Skagit Reply in Support of 24

33 Swinomish Response to 27

34 Upper Skagit Response to 27

35 Sauk-Suiattle Reply in Support of 27

36 DCT Order Denying Motion for Reconsideration

Update in Tribal Litigation Involving Gold Coast Shellfish Company [U.S. v. Washington subproceeding 89-3-12]

September 4, 2020Matthew L.M. Fletcher

Here are the materials in United States v. Washington subproceeding 89-3-12 (W.D. Wash.):

1 Skokomish Complaint

142 DCT Order

143 DCT Order — Permanent Injunction

150 Klallam Tribes’ Petition for Review

155 Squaxin and Nisqually Response

157 Gold Coast Response

158 State Response

164 DCT Order

Muckleshoot v. Tulalip U&A Cert Petition

August 24, 2020September 22, 2020Matthew L.M. Fletcher

Here is the cert petition in Muckleshoot Indian Tribe v. Tulalip Tribes:

Cert Petition

Question presented:

Whether the Ninth Circuit, in conflict with precedent of this Court and the D.C. Circuit, impermissibly narrowed a decades-old judicial decree so as to deprive Indian tribes of their ability to exercise treaty fishing rights.

Lower court materials here.

Update:

Brief in Opposition