Con Tribes Colville v. Con Tribes Yakama

I. Background

In 1855, the United States entered into two treaties with a group of Indian tribes, the Yakama Treaty of June 9, 1855, and the Nez Perce Treaty of June 11, 1855. In this action between the Yakama Nation and the Confederated Tribes of the Colville Indian Reservation (on behalf of the Wenatchi Tribe), only the Yakama Treaty is involved.

The Wenatchi Tribe was one of the fourteen tribes repre- sented at the negotiation of the Yakama Treaty. The treaty specified that tribes “for the purposes of this treaty, are to be considered as one nation, under the name of ‘Yakama.’ ” Treaty with the Yakamas, June 9, 1855, 12 Stat. 951 (1885). Under the treaty, the tribes gave up most of their lands in return for a specific reservation with set boundaries and also

is proper because a court may enjoin non-parties whose actions threaten to interfere with prior orders of the court. S.E.C. v. Wencke, 622 F.2d 1363, 1370 n.11 (9th Cir. 1980); see also Fed. R. Civ. P. 71. This court reviews for abuse of discretion a district court’s decision to issue permanent injunctive relief, Fortyune v. American Multi-Cinema, Inc., 364 F.3d 1075, 1079 (9th Cir. 2004), but reviews de novo the…