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METLAKATLA INDIAN COMMUNITY v. DUNLEAVY

No. 21-35185.

48 F.4th 963 (2022)

METLAKATLA INDIAN COMMUNITY, a Federally Recognized Indian Tribe, Plaintiff-Appellant, v. Michael J. DUNLEAVY, Governor of the State of Alaska; Doug Vincent-Lang, Commissioner of the Alaska Department of Fish and Game; Amanda Price, Commissioner of the Alaska Department of Public Safety, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2022.

Attorney(s) appearing for the Case

Julie A. Weis (argued), Christopher G. Lundberg , and Christopher T. Griffith , Haglund Kelley LLP, Portland, Oregon, for Plaintiff-Appellant.

Laura Wolff (argued) and Christopher Orman , Assistant Attorneys General; Treg R. Taylor , Attorney General; Office of the Attorney General, Anchorage, Alaska; for Defendants-Appellees.

Before: WILLIAM A. FLETCHER, JOHNNIE B. RAWLINSON, and JOHN B. OWENS, Circuit Judges.

OPINION

Since time immemorial, members of the Metlakatlan Indian Community ("the Community") and their Tsimshian ancestors have inhabited the coast of the Pacific Northwest and fished in its waters. In 1887, at the invitation of President Grover Cleveland, the Community relocated from British Columbia, Canada...

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