UNITED STATES v. MICHIGAN

No. 22-1946.

68 F.4th 1021 (2023)

UNITED STATES of America, Plaintiff-Appellee, Bay Mills Indian Community; Sault Ste. Marie Tribe of Chippewa Indians; Grand Traverse Band of Ottawa and Chippewa Indians; Little River Band of Ottawa Indians; Little Traverse Bay Bands of Odawa Indians, Intervenors-Appellees, v. State of MICHIGAN, and its agents, Defendant-Appellee, Coalition to Protect Michigan Resources, fka Michigan Fisheries Resources Conversation Coalition, Proposed Intervenor-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 23, 2023.


Attorney(s) appearing for the Case

ARGUED: Christopher S. Patterson , FAHEY SCHULTZ BURZYCH RHODES PLC, Okemos, Michigan, for Appellant. Kelly M. Drake , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee State of Michigan. Benjamin Richmond , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee United States. ON BRIEF: Christopher S. Patterson , Stephen O. Schultz , David J. Szymanski Jr. , FAHEY SCHULTZ BURZYCH RHODES PLC, Okemos, Michigan, for Appellant. Kelly M. Drake , Christopher D. Dobyns , OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellee State of Michigan. Benjamin Richmond , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee United States. Mason D. Morisset , Thane D. Somerville , MORISSET, SCHLOSSER, JOZWIAK & SOMERVILLE APC, Seattle, Washington, for Appellee Sault Ste. Marie Tribe of Chippewa Indians.

Before: BOGGS, McKEAGUE, and THAPAR, Circuit Judges.


OPINION

For nearly three years, seven sovereigns have been embroiled in negotiations over who gets to manage the Great Lakes fisheries. The merits of those negotiations aren't before us, only an antecedent question of civil procedure: is the Coalition to Protect Michigan Resources ("the Coalition") entitled to intervene...

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