SNOQUALMIE INDIAN TRIBE v. WASHINGTON

Nos. 20-35346, 20-35353.

8 F.4th 853 (2021)

SNOQUALMIE INDIAN TRIBE, a federally recognized Indian tribe on its own behalf and as parens patriae on behalf of its members, Plaintiff-Appellant, v. State of WASHINGTON; Jay Robert Inslee, Governor; Kelly Susewind, Washington Department of Fish & Wildlife Director, Defendants-Appellees, Samish Indian Nation, Intervenor. Snoqualmie Indian Tribe, a federally recognized Indian tribe on its own behalf and as parens patriae on behalf of its members, Plaintiff, and Samish Indian Nation, Intervenor-Appellant, v. State of Washington; Jay Robert Inslee, Governor; Kelly Susewind, Washington Department of Fish & Wildlife Director, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed August 6, 2021.


Attorney(s) appearing for the Case

Craig J. Dorsay (argued), Lee Ann Easton , and Kathleen M. Gargan , Dorsay & Easton LLP, Portland, Oregon, for Intervenor-Appellant.

Rob Roy Smith (argued), Claire R. Newman , Rachel B. Saimons , and Bree R. Black Horse , Kilpatrick Townsend & Stockton LLP, Seattle, Washington, for Plaintiff-Appellant.

Amy J. Dona (argued) and Randy J. Trick , Assistant United States Attorneys; Robert W. Ferguson , Attorney General; Office of the Attorney General, Olympia, Washington; for Defendants-Appellees.

Jack Warren Fiander , Towtnuk Law Offices Ltd., Yakima, Washington, for Amicus Curiae Sauk-Suiattle Indian Tribe.

Mason D. Morisset and Thane D. Somerville , Morisset Schlosser Jozwiak & Somerville, Seattle, Washington, for Amici Curiae Tulalip Tribes.

Maryanne E. Mohan , Office of the Tribal Attorney, Suquamish, Washington; Emily Haley , Office of the Tribal Attorney, La Conner, Washington; Lauren P. Rasmussen , Law Offices of Lauren P. Rasmussen PLLC, Seattle, Washington; James S. Stroud , Office of the Reservation Attorney, Bellingham, Washington; Nate Cushman , Office of the Tribal Attorney, Olympia, Washington; Toni Whitegrass and Alec S. Wrolson , Tacoma, Washington; for Amici Curiae Suquamish Tribe, Swinomish Indian Tribal Community, Jamestown S'Klallam, Port Gamble S'Klallam, Lummi Nation, Nisqually Indian Tribe, and Puyallup Tribe of Indians.

Before: M. Margaret McKeown and Richard A. Paez, Circuit Judges, and William Horsley Orrick, District Judge.


OPINION

This appeal presents yet another chapter in the litigation of Indian treaty rights in the Pacific Northwest. It involves some of the same tribes—the Snoqualmie Indian Tribe (the "Snoqualmie" or the "Tribe") and the Samish Indian Nation (the "Samish" or the "Nation")—that have been disputing...

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