The False Claims Act does not operate to waive tribal sovereign immunity.
Western District of Washington
Swinomish Wins Salmon Protection Case
The district court held that the Skagit County Dike District No. 22 violated the Clean Water Act and the Endangered Species Act in the construction of tide gates in the Skagit River delta that injured salmon habitat. The case is Swinomish Indian Tribal Community v. Skagit County Dike Dist. No. 22 (opinion here).
Snoqualmie Tribal Leadership Dispute in Federal Court
Here is the news article. An excerpt:
A federal judge might be the last hope for banished members of the Snoqualmie Tribe who appeared in court Tuesday in their effort to regain tribal membership.
U.S. District Court Judge James L. Robart said he would issue a written ruling later as to whether the case is even properly before him or should be dismissed.
Only then — if he rules in favor of the banished members — would he get to the merits of the case.
And here are the materials:
petition-for-writ-of-habeas-corpus
snoqualmie-rule-19-motion-to-dismiss [!!!]
Frank’s Landing Tobacco Sales Lawsuit Materials
Indianz coverage is here. Here are the materials. Once again, let it be known that Rule 19 is my favorite(!):
nisqually-v-gregoire-complaint
nisqually-motion-for-preliminary-injunction
squaxin-island-motion-to-dismiss
franks-landing-motion-to-dismiss
Two Makah Whalers Convicted in Federal Court
From Indianz:
A federal magistrate convicted two members of the Makah Nation of Washington for hunting a gray whale without federal approval.
Wayne Johnson and Andy Noel were convicted of conspiracy to violate the Marine Mammal Protection Act and unlawfully taking a marine mammal. They waived the right to a jury trial but plan to take their case to the >9th Circuit Court of Appeals. Johnson and Noel face up to one year in prison Three other tribal members who participated in the hunt pleaded guilty in exchange for no prison time.
Salmon Spawning & Recovery Alliance v. Lohn — Puget Sound Salmon Management Plan
The Western District of Washington upheld this government/tribal resource management plan. From the opinion:
This case concerns a challenge to two decisions by National Marine Fisheries Service (“NMFS”) involving Puget Sound Chinook salmon: the approval of a resource management plan prepared by the Puget Sound Indian Tribes and the Washington Department of Fish and Wildlife (“WDFW”), and the biological opinion issued by NMFS regarding the effects of its decision to approve the plan.
Slip op. at 1-2. Here are the materials:
Parks v. Tulalip — Sovereign Immunity of Tribal Casino
Here are the materials in Parks v. Tulalip Resort Casino, in which the district court for the Western District of Washington dismissed a tort claim against the casino on the grounds of sovereign immunity.
Parks Opposition to Motion to Dismiss
US v. Washington — Culverts Materials
In August, Judge Martinez granted the Stevens treaty tribes’ motion for summary judgment in the culvert subproceeding. Here are some of those materials:
Tribal Motion for Summary Judgment
Turtle Talk 