Here is the opinion in Squaxin Island Tribe v. Washington State Dept. of Ecology.
Briefs here:
Washington Court of Appeals
Swinomish Prevails in Washington COA Challenge to State Dept. of Ecology in Matter Affecting Treaty Rights
Here is the opinion in Swinomish Indian Tribal Community v. Washington Dept. of Ecology (PDF).
An excerpt:
This case involves the validity of an amended rule from the Department of Ecology (Ecology) that reserves water from the Skagit River system for future year-round out-of-stream uses, despite the fact that in times of low stream flows these uses will impair established minimum instream flows necessary for fish, wildlife, recreation, navigation, scenic and aesthetic values. Ecology relies on RCW 90.54.020(3)(a) for authority to make the reservations of water despite the existing minimum flows. This statutory provision allows impairment of stream base flows when overriding considerations of public interest are served. The Swinomish Indian Tribal Community (Tribe) petitioned for review in superior court, challenging the validity of Ecology’s amended rule reserving the water.
Available briefs here:
Washington COA Briefs in Trust Assets Appeal
Here are the briefs in First Citizens Bank & Trust Company v. Harrison (Wash. Ct. App.):
From the reply brief:
Whether the trial court erred by ruling 25 USC § 410 exempts Indian trust income located in the Banner Bank and Fife Commercial Bank accounts from garnishment.
Nooksack Petition for Review in Sovereign Immunity Appeal
Here are the materials in the petition stage of Outsource Services Management LLC v. Nooksack Business Corp.:
Nooksack Petition for Review + Appendix
Lower court materials here.
Washington Supreme Court Affirms State Authority to Search Tribal Trust Lands for Criminal Violations
Here is the opinion in State v. Clark. State v Clark (PDF)
Briefs and other materials here.
Washington COA Decision Involving Tribal Immunity from State Criminal Subpoenas
Here is the opinion in State v. Youde:
An excerpt:
This case involves a prosecution for delivery of marijuana. The investigating agency was the police department of the Tulalip Tribes. The Tribes asserted sovereign immunity in response to a defense subpoena for information the Tribes deemed immaterial. Recognizing that a sovereign entity is not subject to compulsory process, the superior court quashed the subpoena. The court then granted the defendant’s motion to dismiss the prosecution under CrR 8.3(b). The State appeals the dismissal. We hold the court abused its discretion by dismissing the case without first determining whether the subpoenaed information was material. Because the record does not support a finding of materiality, we reverse the order of dismissal.
Briefs are here:
Washington COA Affirms State Dept. of Fish and Wildlife Regs on Non-Indian Commercial and Recreational Crab Harvest
Here is the opinion in Puget Sound Crab Association v. Dept. Of Fish And Wildlife (Wash. App.).
Washington Supreme Court Video of State v. Clark Oral Argument
Washington SCt Briefs in State v. Clark — Authority of State Law Enforcement on Indian Trust Land
Here are the briefs in State v. Clark:
- Amicus of Colville Confederated Tribes
- Amicus Tulalip Tribes
- ALCU amicus brief
- Appellant Brief
- Appellant’s Answer to WAPA Amicus
- Petition for Review
- Petitioner’s Supplemental Brief
- Respondent’s Brief
- Respondent’s Supplemental Brief
- State’s Response to ACLU and Cct Amicus Briefs
- WAPA Amicus
Lower court materials here.
Washington COA Holds State Courts Have Subject Matter Jurisdiction over Tribal Corporation
Here is the opinion in Outsource Services Management v. Nooksack Business Corporation:
And the briefs:
Outsource Services Management, Respondent v. Nooksack Business Corporation, Appellant
Case Number – 67050-6
Hearing Date – 09/20/2012
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