Confederated Tribes and Bands of the Yakama Indian Nation v. Confederated Tribes of the Colville Indian Reservation

FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

UNITED STATES OF AMERICA, 

Plaintiff, v.

CONFEDERATED TRIBES OF THE

COLVILLE INDIAN RESERVATION,

Respondent-Appellee, No. 08-35961 and  D.C. No. STATE OF OREGON; STATE OF 3:68-cv-00513-KI

WASHINGTON,

Defendants, v.

CONFEDERATED TRIBES AND BANDS

OF THE YAKAMA INDIAN NATION,

Plaintiff-intervenor-Appellant. 

7621 7622 UNITED STATES v. CONFEDERATED TRIBES

UNITED STATES OF AMERICA, 

Plaintiff-Appellee, v.

CONFEDERATED TRIBES OF THE

COLVILLE INDIAN RESERVATION,

Respondent-Appellant, No. 08-35963 and STATE OF OREGON; STATE OF  D.C. No. 3:68-cv-00513-KI

WASHINGTON,

OPINION

Defendants, v.

CONFEDERATED TRIBES AND

BANDS OF THE YAKAMA INDIAN

NATION,

Plaintiff-intervenor-Appellee.  Appeal from the United States District Court for the District of Oregon Garr M. King, Senior District Judge, Presiding

Argued and Submitted March 2, 2010—Portland, Oregon

Filed May 27, 2010

Before: Richard A. Paez, Richard C. Tallman, and Milan D. Smith, Jr., Circuit Judges.

Opinion by Judge Tallman 7626 UNITED STATES v.…