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UPPER SKAGIT TRIBE v. WASHINGTON

No. 07-35061.

576 F.3d 920 (2009)

UPPER SKAGIT TRIBE, Plaintiff-Appellee, and United States of America, Plaintiff, v. State of WASHINGTON, Defendant, and Suquamish Indian Tribe, Defendant-Appellant, v. Jamestown S'Klallam Tribe; Lower Elwha Klallam Tribe; Lummi Indian Nation; Nisqually Indian Tribe; Port Gamble S'Klallam Tribe; Skokomish Indian Tribe; Tulalip Tribe, Plaintiff-intervenors-Appellees, Swinomish Indian Tribal Community, Cross-claimant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2009.

Attorney(s) appearing for the Case

Michelle Hansen, Suquamish Tribe, Office of Tribal Attorney, Suquamish, WA, for the appellant.

Harold Chesnin, Office of the Tribal Attorney, Seattle, WA, and Andrew H. Salter (briefed), Salter Joyce Ziker, PLLC, for appellee Upper Skagit Indian Tribe.

James M. Jannetta, Office of Tribal Attorney, LaConnor, WA, for appellee Swinomish Indian Tribal Community.

Lauren P. Rasmussen (briefed), Law Offices of Lauren P. Rasmussen, Seattle, WA, for appellees Port Gamble S'Klallam and Jamestown S'Klallam Tribes.

Mason D. Morisset (briefed), Morisset, Schlosser, Jozwiak & McGaw, Seattle, WA, for appellee The Tulalip Tribes.

Before: DIARMUID F. O'SCANNLAIN, PAMELA ANN RYMER, and ANDREW J. KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

This case concerns the geographical scope of the Suquamish Indian Tribe's treaty right to fishing grounds in the Puget Sound.

I. Background.

In 1850s, the United States signed a series of treaties with the tribes1 of the Pacific Northwest.2 In the treaties, "[t]he Tribes ceded their aboriginal lands to the United States for...

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