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CONFEDERATED TRIBES AND BANDS v. KLICKITAT COUNTY

Nos. 19-35807, 19-35821.

1 F.4th 673 (2021)

CONFEDERATED TRIBES AND BANDS OF the YAKAMA NATION, a sovereign federally recognized Native Nation, Plaintiff-Appellant/Cross-Appellee, v. KLICKITAT COUNTY, a political subdivision of the State of Washington; Klickitat County Sheriffs Office, an agency of Klickitat County; Bob Songer, in his official capacity; Klickitat County Department of the Prosecuting Attorney, an agency of Klickitat County; David Quesnel, in his official capacity, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 11, 2021.

Attorney(s) appearing for the Case

Ethan Jones (argued), Shona M. Voelckers , and Derek Red Arrow Frank , Yakama Nation Office of Legal Counsel, Yakima, Washington; Anthony S. Broadman and Robert J. Sexton , Galanda Broadman PLLC, Seattle, Washington; for Plaintiff-Appellant/Cross-Appellee.

Rylan Weythman (argued), Foster Garvey PC, Seattle, Washington; Pamela B. Loginsky , Klickitat County Special Deputy Prosecuting Attorney, Olympia, Washington; for Defendants-Appellees/Cross-Appellants.

Eric Grant , Deputy Assistant Attorney General; Rachel E. Heron , Daron Carreiro , and Christine W. Ennis , Attorneys; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Mary Anne Kenworthy and Jay W. Fields , Attorneys, United States Department of the Interior, Washington, D.C.; for Amicus Curiae United States.

Colette Routel , Mitchell Hamline School of Law, Saint Paul, Minnesota, for Amicus Curiae National Congress of American Indians Fund.

Before: Ronald M. Gould and Michelle T. Friedland, Circuit Judges, and Jill A. Otake, District Judge.

OPINION

This case concerns a boundary dispute between Klickitat County, Washington and the Confederated Tribes and Bands of the Yakama Nation (the "Yakamas" or the "Tribe"). Following a bench trial, the district court held that the Yakama Reservation includes a 121,465.69-acre tract ("Tract D") that partially...

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