NORTHWESTERN BAND OF THE SHOSHONE NATION, a federally recognized Indian tribe on its own behalf and as parens patriae on behalf of its members, Plaintiff-Appellant,
v.
Greg WOOTEN, Department of Fish and Game Enforcement Bureau Chief; Ed Schriever, Department of Fish and Game Director; Does, 1-10, Defendants-Appellees.
United States Court of Appeals, Ninth Circuit.https://leagle.com/images/logo.png
Argued and Submitted February 6, 2023 Portland, Oregon.
Filed October 17, 2023.
Attorney(s) appearing for the Case
Ryan Frazier (argued), Kirton and McConkie, Salt Lake City, Utah, for Plaintiff-Appellant.
Mary G. Sprague (argued), William B. Lazarus , and Rachel Heron , Attorneys; Todd Kim , Assistant Attorney General; Environment & Natural Resources Division, United States Department of Justice, Washington, D.C.; Samuel Ennis , Attorney, United States Department of the Interior, Washington, D.C.; for Amicus Curiae United States of America.
Lance Sorenson (argued), Assistant Attorney General, Utah Attorney General's Office, Salt Lake City, Utah; Melissa A. Holyoak , Senior Counsel; Sean D. Reyes , Utah Attorney General; Utah Attorney General's Office, Salt Lake City, Utah; for Amicus Curiae State of Utah.
Jack W. Fiander , Towtnuk Law Offices LTD, Sacred Ground Legal Services, Inc., Yakima, Washington, for Amicus Curiae Sacred Ground Legal Services.
William F. Bacon , General Counsel, Shoshone Bannock Tribes , Trial Attorney's Office, Fort Hall, Idaho, for Amicus Curiae Shoshone Bannock Tribes of the Fort Hall Reservation.
Before: Milan D. Smith, Jr., Danielle J. Forrest, and Jennifer Sung, Circuit Judges.
OPINION
SUNG, Circuit Judge:
In this case, we must interpret the 1868 Treaty of Fort Bridger (the "Treaty") between the United States and several bands of the Shoshone and Bannock Tribes, including the Shoshone's Northwestern Band. Under the Treaty, the affiliated Shoshone and Bannock Tribes ceded most of their territory to the United...
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