Tag Archives: Lower Elwha Klallam Tribe

Lower Elwha and Federal Government Prevail in NEPA/ESA Suit in the 9th Circuit

NEPA and ESA challenges to hatchery approvals after removal of the Elwha Dam were brought by anti-hatchery environmental groups. The unpublished decision is here. Briefs: Motion for Injunction Opening Brief Tribal Answer Brief Federal Answer Brief Reply Lower court materials … Continue reading

Posted in Author: Ann Tweedy, Environmental, News | Tagged , , , , , , , | 1 Comment

Ninth Circuit Briefs in U.S. v. Washington Subproceeding 11-2 (Lummi v. S’Klallam Tribes & Tulalip)

Here are the materials in United States v. Washington (subproceeding 11-2): Lummi Nation Brief Tulalip Tribes Answer Brief Port Gamble and Jamestown S’Klallam Tribes Brief Lower Elwha Brief

Posted in Author: Matthew L.M. Fletcher, Research, treaty rights | Tagged , , , , , | Leave a comment

S’Klallam Tribes Prevail over Lummi in U.S. v. Washington U&A Subproceeding

Here are the materials in United States v. Washington subproceeding 11-2 (W.D. Wash.): 164 Jamestown and Port Gamble Motion 167 Lummi Motion 168 Lower Elwha Motion 176 Jamestown and Port Gamble Response 178 Suquamish Response 183 Lower Elwha Response 186 … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, treaty rights | Tagged , , , , , , , , | Leave a comment

Ninth Circuit Rules in Favor of Lummi Tribe in Treaty Fishing Dispute

Here is the court’s opinion in United States (Lower Elwha Klallam Indian Tribe) v. Lummi Tribe: CA9 Opinion The court’s syllabus: The panel reversed the district court’s summary judgment entered in favor of the Klallam Tribe in a case involving … Continue reading

Posted in Author: Matthew L.M. Fletcher, Research, treaty rights | Tagged , , , , , , , , | 1 Comment

NYTs OpEd on Unsustainable Dams

Here. An excerpt: A case in point is the Elwha River on the Olympic Peninsula in Washington, where two hydroelectric dams built early in the last century exacted huge environmental costs but were no longer important as power generators. Salmon … Continue reading

Posted in Author: Matthew L.M. Fletcher, Environmental, News | Tagged , | Leave a comment

Ninth Circuit Materials in U.S. v. Washington Subproceeding — Klallam Tribes v. Lummi Tribe

Here: Lummi Opening Brief Klallam Tribes Answer Brief Lummi Reply Oral argument audio here. Lower court materials here. Prior CA9 opinion and materials here.

Posted in Author: Matthew L.M. Fletcher, Research, treaty rights | Tagged , , , , , , , , | 1 Comment

Federal Court Rules Against Feds in Lower Elwha Fish Hatchery Challenge

Here are the materials in Wild Fish Conservancy v. National Park Service (W.D. Wash.): 153 Wild Fish Conservancy Motion for Summary J 164 Federal Cross Motion for Summary J 191 DCT Order Prior posts are here, here, here, here, and … Continue reading

Posted in Author: Matthew L.M. Fletcher, Environmental, Research, treaty rights | Tagged , , , , , , , | 1 Comment

Federal Court Dismisses Lower Elwha Tribe from Challenge to Elwha Fish Hatchery

Here are the updated materials in Wild Fish Conservancy v. National Park Service (W.D. Wash.): 126 -ORDER GRANTING TRIBAL MTN TO DISMISS 114 – Tribal Mtn to Dsm – Subject Matter 116 – US Response Tribe Motion Dismiss 117- WFC … Continue reading

Posted in Author: Matthew L.M. Fletcher, Environmental, Research, treaty rights | Tagged , , , , , , , | 1 Comment

Klallam Tribes Win Fishing Territory Rights Case against Lummi Nation

Here are the materials in United States v. Washington, subproceeding 11-02 (W.D. Wash.): Klallam Tribes Motion Lummi Response Klallam Tribes Reply DCT Order in subproceeding 11-02

Posted in Author: Matthew L.M. Fletcher, Research, treaty rights | Tagged , , , , , , | 1 Comment

Update in Lower Elwha Fish Hatchery Suit

Here are the additional materials in Wild Fish Conservancy v. National Park Service (W.D. Wash.): 34 Fed Defs’ Reply in Support ofMot to Dismiss FILED 5-4-2012 34-1 Fed Defs’ Ex 7 FILED 5-4-2012 35 Elwha Defs’ Reply in Supportof Mot … Continue reading

Posted in Author: Matthew L.M. Fletcher, Environmental, Research, treaty rights | Tagged , , , , , , , | 3 Comments