U.S. v. WASHINGTON

No. 13-35474.

864 F.3d 1017 (2017)

UNITED STATES of America; Suquamish Indian Tribe; Sauk-Suiattle Tribe; Stillaguamish Tribe; Hoh Tribe; Jamestown S'Klallam Tribe; Lower Elwha Bank of Klallams; Port Gamble Band Clallam; Nisqually Indian Tribe; Nooksack Indian Tribe; Skokomish Indian Tribe; Squaxin Island Tribe; Upper Skagit Indian Tribe; Tulalip Tribes; Lummi Indian Nation; Quinault Indian Nation; Suquamish Indian Tribe; Puyallup Tribe; Confederated Tribes and Bands of the Yakama Indian Nation; Quileute Indian Tribe; Makah Indian Tribe; Swinomish Indian Tribal Community; Muckleshoot Indian Tribe, Plaintiffs-Appellees, v. State of WASHINGTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed May 19, 2017.


Attorney(s) appearing for the Case

Noah G. Purcell (argued), Solicitor General; Laura J. Watson , Deputy Solicitor General; Robert W. Ferguson , Attorney General; Jessica E. Fogel , Assistant Attorney General; Robert W. Ferguson , Attorney General; Office of the Attorney General, Olympia, Washington; for Defendant-Appellant State of Washington.

John C. Sledd (argued), Jane G. Steadman , Cory J. Albright , Philip E. Katzen , and Riyaz A. Kanji ; Kanji & Katzen, PLLC, Seattle, Washington; for Plaintiffs-Appellees.

David C. Shilton (argued), Vanessa Boyd Willard, and Evelyn S. Ying , Attorneys; United States Department of Justice, Environment & Natural Resources Division; Washington, D.C., for Plaintiff-Appellee United States.

Pamela B. Loginsky , Washington Association of Prosecuting Attorneys, Olympia, Washington; Douglas D. Shaftel , Pierce County Deputy Prosecuting Attorney; for Amicus Curiae Washington State Association of Counties.

Ellen F. Rosenblum , Attorney General; Anna M. Joyce , Solicitor General; Michael A. Casper , Deputy Solicitor General; Stephanie L. Striffler , Senior Assistant Attorney General; Oregon Department of Justice, Salem, Oregon; for Amicus Curiae State of Oregon.

Colette Routel , Associate Professor and Co-Director, Indian Law Clinic, William Mitchell College of Law, Saint Paul, Minnesota, for Amicus Curiae Indian Law Professors.

Amanda W. Goodin and Janette K. Brimmer , Earthjustice, Seattle, Washington, for Amicus Curiae Pacific Coast Federation of Fishermen's Associations and Institute for Fisheries Resources.

Dale Schowengerdt , Solicitor; Timothy C. Fox , Attorney General; United States Attorney's Office, Helena, Montana; for Amicus Curiae State of Montana.

Clay R. Smith , Deputy Attorney General; Clive J. Strong , Chief of Natural Resources; Lawrence G. Wasden , Attorney General; Office of the Attorney General, Boise, Idaho; for Amicus Curiae State of Idaho.

Dominic M. Carollo , Yockim Carollo LLP, Roseburg, Oregon, for Amici Curiae Klamath Critical Habitat Landowners, Modoc Point Irrigation District, Mosby Family Trust, Sprague River Water Resource Foundation Inc., and TPC LLC.

Statement by Judge Hurwitz


ORDER

The panel, as constituted above, has voted unanimously to deny the petition for panel rehearing. Judges Fletcher and Gould have voted to deny the petition for rehearing en banc, and Judge Ezra so recommends.

A judge of the court called for a vote on the petition for rehearing en banc. A vote was taken, and a majority of the non recused active judges of the court failed to vote for en banc rehearing. Fed. R. App. P. 35(f).

The petition for rehearing...

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