MUCKLESHOOT INDIAN TRIBE, Plaintiff-Appellant,
v.
TULALIP TRIBES; Suquamish Tribe; Puyallup Tribe; Squaxin Island Tribe, of the Squaxin Island Reservation; Nisqually Tribe; Swinomish Indian Tribal Community; State of Washington; Jamestown S'Klallam Tribe; Port Gamble S'Klallam Tribe; Skokomish Indian Tribe, Respondents-Appellees, and
Hoh Indian Tribe; Lummi Indian Nation; Quileute Indian Tribe; Quinault Indian Nation; Stillaguamish Tribe of Indians; Sauk-Suiattle Indian Tribe, Real-Parties-in-Interest.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted October 22, 2019 Seattle, Washington.
Mason D. Morisset , Morisset, Schlosser, Jozwiak, and Somerville, Seattle, Washington, for Respondent-Appellee Tulalip Tribes.
John W. Ogan (argued), Law Office of John W. Ogan, Sisters, Oregon; James Rittenhouse Bellis , Office of Suquamish Tribal Attorney, Suquamish, Washington; for Respondent-Appellee Suquamish Indian Tribe.
James M. Jannetta and Emily Haley , Office of the Tribal Attorney, La Conner, Washington, for Respondent-Appellee Swinomish Indian Tribal Community.
Michael S. Grossmann and Joseph V. Panesko , Assistant Attorneys General; Office of the Washington Attorney General, Olympia, Washington; for Respondent-Appellee State of Washington.
Lauren Rasmussen (argued), Law Offices of Lauren Rasmussen, Seattle, Washington, for Respondents-Appellees Jamestown S'Klallam Tribe and Port Gamble S'Klallam Tribe.
Earle David Lees, III , Skokomish Indian Tribe, Shelton, Washington, for Respondent-Appellee Skokomish Indian Tribe.
Mary Michelle Neil , Lummi Indian Nation, Office of the Reservation Attorney, Bellingham, Washington, for Real-Party-in-Interest Lummi Indian Nation.
Lauren J. King , Attorney, Foster Pepper PLLC, Seattle, Washington, for Real-Party-in-Interest Quileute Indian Tribe.
Eric J. Nielsen , Counsel, Nielsen, Broman & Koch PLLC, Seattle, Washington, for Real-Party-in-Interest Quinault Indian Nation.
Scott Mannakee , Stillaguamish Tribe of Indians, Arlington, Washington; Rob Roy Smith , Kilpatrick Townsend & Stockton, LLP, Seattle, Washington; for Real-Party-in-Interest Stillaguamish Tribe of Indians.
Jack Warren Fiander and Elmer Jerome Ward , Sauk-Suiattle Indian Tribe, Office of Legal Counsel, Darrington, Washington, for Real-Party-in-Interest Sauk-Suiattle Indian Tribe.
Dissent by Judge Ikuta.
OPINION
RAKOFF, District Judge:
In the 1850s, Isaac Stevens, then-Governor and Superintendent of Indian Affairs of the Washington Territory, executed eleven treaties with Indian tribes in an area that later became part of the State of Washington. See Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n,
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