CONF. TRIBES OF GRAND RONDE COMM OF OR. v. JEWELL

No. 14-5326 Consolidated with 15-5033.

830 F.3d 552 (2016)

CONFEDERATED TRIBES OF the GRAND RONDE COMMUNITY OF OREGON, Appellant v. Sally JEWELL, in her Official capacity as Secretary of the United States Department of the Interior, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 29, 2016.


Attorney(s) appearing for the Case

Lawrence Robbins , Washington, DC, argued the cause for appellants Confederated Tribes of the Grand Ronde Community of Oregon. With him on the briefs were Gary A. Orseck , and Daniel N. Lerman , Washington, DC.

Benjamin S. Sharp , Washington, DC, argued the cause for appellants Clark County, Washington, et al. With him on the briefs were Jennifer A. MacLean , Donald C. Baur , Eric D. Miller , Brent D. Boger , Vancouver, WA, and Christine M. Cook .

John L. Smeltzer , Attorney, U.S. Department of Justice, argued the cause for federal appellees. With him on the brief were John C. Cruden , Assistant Attorney General, and Elizabeth Ann Peterson , Attorney.

Robert D. Luskin argued the cause for intervenor-appellee the Cowlitz Indian Tribe. With him on the brief were V. Heather Sibbison , Suzanne R. Schaeffer , and Kenneth J. Pfaehler , Washington, DC.

Craig J. Dorsay , Portland, OR, was on the brief for amicus curiae Samish Indian Nation in support of federal appellee Sally Jewell, Secretary of the United States Department of the Interior, and intervenor-appellee Cowlitz Indian Tribe.

Elliott A. Milhollin , Gregory A. Smith , Washington, DC, and Geoffrey D. Strommer , Portland, OR, were on the brief for amici curiae United South and Eastern Tribes, Inc. and Jamestown S'Klallam Tribe in support of intervenor-appellee.

Before: PILLARD and WILKINS, Circuit Judges, and EDWARDS, Senior Circuit Judge.


The Cowlitz are an American Indian tribe from southwestern Washington state. After refusing to sign a land cession treaty with the United States in 1855, President Lincoln by 1863 proclamation opened its land to non-Indian settlement. Without a land base, the Cowlitz scattered, and for decades federal Indian policy reflected...

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