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.
