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U.S. v. WASHINGTON

No. 17-35760.

928 F.3d 783 (2019)

UNITED STATES of America, Plaintiff, and Skokomish Indian Tribe, Petitioner-Appellant, v. State of WASHINGTON, Defendant-Real Party in Interest, Jamestown S'Klallam Tribe; Port Gamble S'Klallam Tribe; Squaxin Island Tribe, Respondents-Appellees, and Muckleshoot Indian Tribe; Quileute Indian Tribe; Hoh Tribe; Lummi Tribe; Quinault Indian Nation; Nisqually Indian Tribe; Suquamish Indian Tribe; Tulalip Tribes; Puyallup Tribe; Upper Skagit Indian Tribe; Swinomish Indian Tribal Community, Real-Parties-in-Interest.

United States Court of Appeals, Ninth Circuit.

Filed June 26, 2019.

Attorney(s) appearing for the Case

Earle David Lees (argued), Shelton, Washington, for Petitioner-Appellant.

David Babcock (argued), Kevin Lyon , and Sharon Haensly , Shelton, Washington, for Respondent-Appellee Squaxin Island Tribe.

Lauren Patricia Rasmussen (argued), Law Offices of Lauren P. Rasmussen, Seattle, Washington, for Respondents-Appellees Jamestown S'Klallam Tribe and Port Gamble S'Klallam Tribe.

Joseph V. Panesko , Senior Counsel; Robert W. Ferguson , Attorney General; Office of the Attorney General, Olympia, Washington; for Real Party in Interest State of Washington.

Partial Concurrence and Partial Dissent by Judge Paez

OPINION

We have called it an "ongoing saga," Makah Indian Tribe v. Quileute Indian Tribe, 873 F.3d 1157, 1160 (9th Cir. 2017); remarked that "[w]e cannot think of a more comprehensive and complex case than this," Upper Skagit Indian Tribe v. Washington,

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