OMB Withdraws Sale of Seattle National Archives For Want of Tribal Consultation

Here are new materials in State of Washington v. Fairweather:

Doc 52

OMB Memo_Withdrawing Approval for Sale of Seattle NARA Building

Prior post here.

Hazen Shopbell’s Federal Civil Rights Claims Dismissed

Here are materials in Shopbell v. Washington State Dept. of Fish and Wildlife (W.D. Wash.):

86-0 Defendants’ Second Motion for Summary Judgment

94 Plaintiffs’ Response in Opposition to Defendants’ Third Motion for Summary Judgment

99 Defendants’ Reply in Support of Its Second Motion for Summary Judgment

115 DCT Order

Prior post here.

The Superior Court dismissed criminal shellfish trafficking charges against him because a Washington State Department of Fish and Wildlife detective destroyed exculpatory evidence.  Watch the hearing here: Here are the briefs in State of Washington v. Shopbell:

Amended Opening Brief of Appellant Skagit County

Brief of Respondents Hazen Shopbell and Anthony Paul

Reply Brief of Appellant Skagit County

Federal Court Enjoins Sale of National Archives in Seattle



Here is the minute order in State of Washington v. Vought (W.D. Wash.):

MINUTE ENTRY for proceedings held before U.S. District Judge John C. Coughenour- Dep Clerk: Gabriel Traber; Pla Counsel: Kristin Beneski, Lauryn Faas, and Lloyd Miller; Def Counsel: Brian Kipnis; CR: Nickie Drury; Time of Hearing: 9:00 AM; Courtroom: Zoom;Motion Hearing held on 2/12/2021 re 15 MOTION for Preliminary Injunction filed by Quileute Tribe Of The Quileute Reservation, Puyallup Tribe of Indians, American Historical Association, Tanana Chiefs Conference, Duwamish Tribe, Samish Indian Nation, Chinese American Citizens Alliance, Doyon Ltd, Confederated Tribes of the Chehalis Reservation, HistoryLink, Confederated Tribes Of Siletz indians, Confederated Tribes of the Grand Ronde Community of Oregon, Skokomish Indian Tribe, Confederated Tribes Of The Coos Lower Umpqua And Siuslaw Indians, Port Gamble S’Klallam Tribe, Muckleshoot Indian Tribe, Swinomish Indian Tribal Community, Spokane Tribe of Indians, Kalispel Tribe of Indians, Confederated Tribes and Bands of the Yakama Nation, OCA Asian Pacific Advocates Greater Seattle, Upper Skagit Indian Tribe, Wing Luke Memorial Foundation, Central Council of the Tlingit and Haida Indian Tribes of Alaska, Washington Trust for Historic Preservation, State of Oregon, Squaxin Island Tribe, Nooksack Indian Tribe, Quinault Indian Nation, Cow Creek Band Of Umpqua Tribe Of Indians, Association Of King County Historical Organizations, Suquamish Tribe, Nez Perce Tribe, Snoqualmie Indian Tribe, Historic Seattle, Hoh Indian Tribe, Museum Of History And Industry, The Klamath Tribes, State of Washington, Jamestown S’Klallam Tribe.
After hearing argument from Counsel, the Court informs the parties that an order granting the Plaintiffs’ motion for a preliminary injunction will be issued. (GT) (Entered: 02/12/2021)

Briefs are here.

Ninth Circuit Materials in Snoqualmie Tribe v. State of Washington


Samish Brief

Samish Reply

Sauk-Suiattle Amicus Brief

Snoqualmie Brief

Snoqualmie Reply

State Response Brief

Treaty Tribes Amicus Brief

Tulalip Amicus Brief

Lower court materials here.

Chinook Recognition Suit Remanded to Agency

Here are the materials in Chinook Indian Nation v. Bernhardt (W.D. Wash.), formerly Chinook Indian Nation v. Zinke:

113 DCT Order on Motions for Summary Judgmet

114 Motion for Reconsideration

116 Response

117 Reply

118 DCT Order Granting Motion for Reconsideration

128 Motion for Partial Summary Judgment

129 Response

132 Reply

133 DCT Order

Prior post here.

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

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.

Tribes and States Sue to Block Sale and Removal of National Archives in Seattle

Here is the complaint in State of Washington v. Vought (W.D. Wash.):

1 Complaint

15 Motion for Preliminary Injunction

30 Amended Complaint

32 Opposition

37 Proposed Findings of Fact and Conclusions of Law and Proposed Form of Injunctive Relief

40 Reply

News coverage:

Washington AG press release:

Indian Country Today:

Seattle Times:

Spokesman Review:

Yakama Nation press release:

Press Release_YN_OMB_Seattle Archives Lawsuit (1.4.21) (002)

Update in Adams v. Dodge [Nooksack Habeas Matter] — Updated

Here are the new materials in Adams v. Dodge (W.D. Wash.), formerly Adams v. Elfo:

45 Magistrate R&R on 2d Habeas Petition

46 Petitioner Objections

48 Supplement to Petitioner’s Objections to Magistrate’s Second Report and Recommendation

51 Tribe Response

52 Tribal Court Response

54 DCt Order Adopting Magistrate R&R

Prior post here.


56 Motion for Reconsideration

60 Response

62 DCT Order