Legal Opinion

Samish Indian Nation v. Department Of Licensing

Court of Appeals of Washington

Decided August 31, 2020No. 79733-6Published

1Opinion of the Court

IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON DIVISION ONE SAMISH INDIAN NATION, ) No. 79733-6-I ) Appellant, ) ) v. ) ) WASHINGTON DEPARTMENT OF ) LICENSING; TERESA BERNTSEN, ) DIRECTOR, ) PUBLISHED OPINION ) Respondent. ) ) VERELLEN, J. — RCW 82.38.310(1) allows the Department of Licensing (DOL) to negotiate fuel tax agreements with “any federally recognized Indian tribe located on a reservation within this state.” The statute applies to retail stations “located on reservation or trust property.” This case turns on the plain meaning of “reservation” in RCW 82.38.310(1). When the Samish…

2Cases cited19 opinions

  1. Santa Clara Pueblo v. MartinezSupreme Court of the United States · 1978
  2. Department of Ecology v. Campbell & Gwinn, L.L.C.Washington Supreme Court · 2002
  3. State, Dept. of Ecology v. Campbell & GwinnWashington Supreme Court · 2002
  4. United States v. WheelerSupreme Court of the United States · 1978
  5. Montana v. United StatesSupreme Court of the United States · 1981

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