SWINOMISH INDIAN TRIBAL COMMUNITY; Tulalip Tribes; Upper Skagit Indian Tribe, Petitioners-Appellees,
v.
LUMMI NATION, Respondent-Appellant,
Stillaguamish Tribe of Indians; Hoh Indian Tribe; Suquamish Indian Tribe; State of Washington; Jamestown S'klallam Tribe; Port Gamble S'klallam Tribe; Skokomish Indian Tribe; Lower Elwha Klallam Tribe; Puyallup Tribe of Indians, Real Parties in Interest.
Swinomish Indian Tribal Community; Tulalip Tribes; Upper Skagit Indian Tribe, Petitioners-Appellees,
v.
Lummi Nation, Respondent, and
Jamestown S'Klallam Tribe; Port Gamble S'klallam Tribe, Real-Party-in-Interest-Appellants,
Stillaguamish Tribe of Indians; Hoh Indian Tribe; Suquamish Indian Tribe; State of Washington; Skokomish Indian Tribe; Lower Elwha Klallam Tribe; Puyallup Tribe of Indians, Real Parties in Interest.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted November 9, 2022 Seattle, Washington.
Emily H. Haley (argued) and James M. Jannetta , Office of the Tribal Attorney, Swinomish Indian Tribal Community, La Conner, Washington; for Petitioner-Appellee Swinomish Indian Tribal Community.
Lauren P. Rasmussen (argued), Law Offices of Lauren P. Rasmussen, Seattle, Washington, for Real-Parties-in-Interest Appellants Jamestown S'Klallam and Port Gamble S'Klallam Tribes.
Joseph V. Panesko , Assistant Attorney General, Office of the Washington Attorney General, Olympia, Washington, for Real-Party-in-Interest State of Washington.
Rob R. Smith , Kilpatrick Townsend & Stockton LLP, Seattle, Washington, for Real-Party-in-Interest Stillaguamish Tribe of Indians.
Maryanne E. Mohan , Suquamish Tribe, Suquamish, Washington; John W. Ogan , Law Office of John W. Ogan, Sisters, Oregon; for Real-Party-in-Interest Suquamish Indian Tribe.
Earle D. Lees III , Skokomish Indian Tribe, Shelton, Washington, for Real-Party-in-Interest Skokomish Indian Tribe.
Samuel D. Hough , Lower Elwha Klallam Tribe, Port Angeles, Washington; Stephen H. Suagee , Suagee Attorney at Law, Port Angeles, Washington; for Real-Party-in-Interest Lower Elwha Klallam Tribe.
Samuel J. Stiltner and Alec Wrolson , Puyallup Tribe of Indians, Tacoma, Washington, for Real-Party-in-Interest Puyallup Tribe of Indians.
Before: Sandra S. Ikuta and Daniel P. Collins, Circuit Judges, and Sidney A. Fitzwater, District Judge.
OPINION
COLLINS, Circuit Judge.
This is the latest proceeding in a long-running case regarding Indian fishing rights in certain waters in Washington State. The governing law is a 1974 decree issued by Judge George Boldt of the U.S. District Court for the Western District of Washington, which settled various competing tribal rights arising...
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