Legal Opinion

Makah Indian Tribe v. Quileute Indian Tribe

Court of Appeals for the Ninth Circuit

Decided October 23, 2017No. 15-35824, 15-35827PublishedCited by 10 opinions

1Opinion of the Court

OPINION

McKEOWN, Circuit Judge:

Who would imagine that more than 150 years after the Treaty of Olympia (the “Treaty”) was signed between the United States and the Quileute and Quinault tribes, we would be asked to determine whether the “right of taking fish” includes whales and seals? Although scientists tell us sea mammals are not fish, 1 these appeals ask us to go back to the 1855 treaty negotiation and signing and place ourselves in the ■ shoes of two signatory tribes—the Quileute Indian Tribe (the “Quileute”) and the Quinault Indian Nation (the “Quinault”)—to determine what they intended…

2Cases cited19 opinions

  1. Volkswagenwerk Aktiengesellschaft v. SchlunkSupreme Court of the United States · 1988
  2. Countyof Oneida v. Oneida Indian Nation of NYSupreme Court of the United States · 1985
  3. United States v. WinansSupreme Court of the United States · 1905
  4. Jones v. MeehanSupreme Court of the United States · 1899
  5. Minnesota v. Mille Lacs Band of Chippewa IndiansSupreme Court of the United States · 1999

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3Cited by10 opinions

  1. Lower Elwha Klallam Tribe v. Lummi NationCourt of Appeals for the Ninth Circuit · 2017
  2. Skokomish Indian Tribe v. Jamestown S'klallam TribeCourt of Appeals for the Ninth Circuit · 2019
  3. Stillaguamish Tribe of Indians v. State of WashingtonCourt of Appeals for the Ninth Circuit · 2024
  4. Makah Indian Tribe v. Quileute Indian TribeCourt of Appeals for the Ninth Circuit · 2019
  5. Sauk-Suiattle Indian Tribe v. State of WashingtonCourt of Appeals for the Ninth Circuit · 2026

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