Skokomish Indian Tribe v. United States

OPINION

ALLEGRA, Judge:

This is an action for damages brought by the Skokomish Indian Tribe (the Tribe), as well as the individual members of the Tribe, deriving from the construction and operation of the Cushman Hydroelectric Project, upstream from the Tribe’s reservation. Plaintiffs allege that defendant failed to protect their interests with respect to the licensing and operation of the hydroelectric project, thereby violating its obligations arising under a treaty as well as various statutes. Plaintiffs further aver that defendant’s actions effectuated a temporary takings under the Fifth…