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OTTAWA TRIBE OF OKLAHOMA v. LOGAN

No. 08-3621.

577 F.3d 634 (2009)

OTTAWA TRIBE OF OKLAHOMA, Plaintiff-Appellant, v. Sean LOGAN, Director, Ohio Department of Natural Resources, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 18, 2009.

Attorney(s) appearing for the Case

ARGUED: Matthew C. Blickensderfer, Frost Brown Todd LLC, Cincinnati, Ohio, for Appellant. Sharon A. Jennings, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee. ON BRIEF: Matthew C. Blickensderfer, Frost Brown Todd LLC, Cincinnati, Ohio, Richard D. Rogovin, Frost Brown Todd LLC, Columbus, Ohio, for Appellant. Sharon A. Jennings, Damian W. Sikora, Office of the Ohio Attorney General, Columbus, Ohio, for Appellee.

NORRIS, J., delivered the opinion of the court, in which KENNEDY, J., joined. COLE, J. (pp. 640-42), delivered a separate concurring opinion.

OPINION

ALAN E. NORRIS, Circuit Judge.

In this action for a declaratory judgment, the Ottawa Tribe of Oklahoma ("the Tribe") seeks to establish that, under various treaties, it retains the right to fish in Lake Erie, and that the state of Ohio, through the Director of the Ohio Department of Natural Resources, defendant Sean Logan ("the State"), lacks the authority to regulate this activity. We hold that, because the Tribe, under these treaties, retained...

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