United States v. Washington – Page 6 – Turtle Talk

Ninth Circuit Materials in Makah Indian Tribe v. Quileute Indian Tribe (U.S. v. Washington Subproceeding 09-1 — second go around, I think?)

September 6, 2017Matthew L.M. Fletcher

Here:

Four Tribes’ Brief

Hoh Tribe Brief

Quinault and Quileute Brief

Six Tribes’ Brief

Oral argument video here.

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

September 1, 2017September 1, 2017Matthew L.M. Fletcher1 Comment

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

Michael Blumm on the Treaty Right to a Habitat

April 11, 2017Matthew L.M. Fletcher

Michael Blumm has published “Indian Treaty Fishing Rights and the Environment: Affirming the Right to Habitat Protection and Restoration” in the Washington Law Review.

Skokomish Suit against Suquamish Council Members Dismissed in Federal Court

March 27, 2017Matthew L.M. Fletcher

Here are the materials in Skokomish Indian Tribe v. Forsman (W.D. Wash.):

15 Motion to Dismiss

20-2 Sklallam Amicus Brief

Amended Panel Decision in the Culverts Case

March 2, 2017March 7, 2017Ann Tweedy1 Comment

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 previous coverage here and here and here.

En banc stage briefs:

Washington Rehearing/En Banc Petition

Idaho and Montana Amicus Brief

Klamath Critical Habitat Landowners Amicus Brief

Tribal Response

Panel materials here.

News Profile of the US v. Washington Culverts Decision

September 19, 2016Matthew L.M. Fletcher

Here is “License to kill: how Washington may lose its right to wipe out salmon.”

Ninth Circuit Briefs in U.S. v. Washington Ocean Fishing Appeal

August 16, 2016August 16, 2016Matthew L.M. Fletcher

Here are the materials in United States v. Washington (subproceeding 09-01):

Makah Opening Brief

Four Tribes Brief

Hoh Tribe Brief

Six Tribes Brief

Washington Brief

Lower court decision here. Lower court materials here.

W.D. Washington Grants Summary Judgment to Squaxin Island

June 17, 2016Sarah M Donnelly1 Comment

Download orders and documents in the matter of USA, et al v. State of Washington, et al:

Doc. 21234 – Squaxin Island Tribe’s Motion for Summary Judgment

Doc. 21235 – Nisqually Indian Tribe’s Cross-Motion for Summary Judgment

Doc. 21324 – Order Denying Nisqually’s Motion For Summary Judgment And Granting Squaxin’s Motion For Summary Judgment

Ninth Circuit Briefs in U.S. v. Washington Subproceeding 11-02 (Lummi v. S’Klallam Tribes & Tulalip)

March 3, 2016July 15, 2019Matthew L.M. Fletcher1 Comment

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

Suquamish Tribe Brief

Oral argument video here.

Contempt Citation in Squaxin Island Indian Tribe v. Gold Coast Oyster LLC

February 18, 2016Matthew L.M. Fletcher

Here are the materials in United States v. Washington (W.D. Wash.) (subproceeding 89-3-10):

20 Squaxin Petn for Order to Show Cause

2016-02-16 Order

Earlier proceedings in this matter are here.