“Critically for this order, all of Stillaguamish’s testimony and exhibits are speculative as to the question of fishing in the claimed waters,” Judge Martinez wrote in his ruling.
The decision to close this subproceeding under Federal Rule of Civil Procedure 52(c) comes after the Upper Skagit tribe’s successful motion for judgment on partial findings. The Stillaguamish Tribe had previously appealed a similar ruling to the Ninth Circuit, which directed Judge Martinez to reexamine the evidence. However, after the latest review, the judge found the historical record insufficient to support the Stillaguamish’s claims.
The underlying case is part of the broader U.S. v. Washington litigation, which stems from the Boldt decision that recognized tribal fishing rights in the Pacific Northwest.
The Stillaguamish Tribe is represented by Rob Roy Smith of Kilpatrick Townsend & Stockton LLP and in-house by Raven Arroway-Healing. The Upper Skagit Indian Tribe is represented by David S. Hawkins in-house and by Tyler L. Farmer and Ariel A. Martinez of Harrigan Leyh Farmer & Thomsen LLP. The state of Washington is represented by the Washington State Office of the Attorney General.
