UNITED STATES of America, Plaintiff, and
Lower Elwha Klallam Indian Tribe; Jamestown S'Klallam Tribe; Port Gamble S'Klallam Tribe, Petitioners-Appellees,
v.
LUMMI NATION, Respondent-Appellant, and
State of Washington, Defendant,
Swinomish Indian Tribal Community; Suquamish Tribe; Makah Indian Tribe; Stillaguamish Tribe; Upper Skagit Indian Tribe; Nisqually Indian Tribe; Tulalip Tribes; Squaxin Island Tribe, Real-Parties-in-Interest.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted August 30, 2017 Seattle, Washington.
Stephen H. Suagee (argued) and Samuel D. Hough , Office of General Counsel, Lower Elwha Klallam Tribe, Port Angeles, Washington, for Petitioner-Appellee Lower Elwha Klallam Tribe.
Lauren Rasmussen (argued), Law Offices of Lauren P. Rasmussen, Seattle, Washington, for Petitioners-Appellees Jamestown S'Klallam Tribe and Port Gamble S'Klallam Tribe.
Before: Michael Daly Hawkins and M. Margaret McKeown, Circuit Judges, and Elizabeth E. Foote, District Judge.
OPINION
McKEOWN, Circuit Judge:
This appeal asks whether the Treaty of Point Elliott (the "Treaty") reserves to the Lummi Nation (the "Lummi") the right to fish in the waters west of Whidbey Island, Washington. We previously concluded that the Treaty secures the Lummi's right to fish in...
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