No. 22-35140.

83 F.4th 1205 (2023)

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.

Filed October 17, 2023.

Attorney(s) appearing for the Case

Ryan Frazier (argued), Kirton and McConkie, Salt Lake City, Utah, for Plaintiff-Appellant.

Owen Moroney (argued) and Kathleen Trever , Deputy Attorneys General; Lawrence G. Wasden , Idaho Attorney General; Darrell Early , Chief of Natural Resources; Idaho Attorney General's Office, Boise, Idaho, for Defendants-Appellees.

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.


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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