Oral argument here:
Briefs here:
Lower court materials here.
Upper Skagit Indian Tribe
Ninth Circuit Rejects Lummi’s U&A Fishing Claims
Here is the opinion in Swinomish Indian Community v. Lummi Nation.
Briefs here. Lower court materials here.
Washington Federal Court Declines to Expand Stillaguamish Fishing Territory
Judge Martinez Orders Trial in Stillaguamish U&A Subproceeding
Here are the new materials in United States v. Washington, subproceeding 17-03 (W.D. Wash.):
178 Stillaguamish Motion re Laches
191 Upper Skagit Response to 170
193 Stillaguamish Response to 179
194 Stillaguamish Response to 176
195 Stillaguamish Response to 174
204 Upper Skagit Reply in Support of 174
205 Tulalip Reply in Support of 176
Three Tribes Withdraw Laches as a Defense in US v. Washington Subproceeding 17-03
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
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.
Stillaguamish Marine U&A Allowed to Proceed [U.S. v. Washington Subproceeding 17-03]
Here are the materials in United States v. Washington [subproceeding 17-03] or Stillaguamish Tribe of Indians v. State of Washington (W.D. Wash.):
60 Motion for Reconsideration of Contempt Motion
61 DCT Order Denying Reconsideration
70 Jamestown & Port Gamble Response
74 Stillaguamish Response to 65
75 Stillaguamish Response to 64 & 66
Prior post here.
Turtle Talk 
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