United States of America v. State of Washington

694 F.2d 1374 13 Envtl. L. Rep. 20 ,126, 13 Envtl. L. Rep. 20 ,441 UNITED STATES of America, et al., Plaintiffs-Appellees, v. STATE OF WASHINGTON, et al., Defendants-Appellants. No. 81-3111. United States Court of Appeals, Ninth Circuit. Argued and Submitted Feb. 5, 1982. Decided Nov. 3, 1982. As Amended Jan. 3, 1983. Edward B. Mackie, Deputy Atty. Gen., Olympia, Wash., for defendants-appellants. William A. White, Washington, D.C., for plaintiffs-appellees. Alan C. Stay, Seattle, Wash., for amicus curiae Hoh/Quileute/Nugually Tribe. Appeal from the United States District Court for the Western District of Washington. Before SNEED, ANDERSON, and REINHARDT, Circuit Judges. SNEED, Circuit Judge: I. OVERVIEW 1 In this case the State of Washington ("the State") appeals the grant of summary judgment in the second phase of this protracted litigation over Indian treaty fishing rights in the Pacific Northwest. The district court characterized its opinion as "but the most recent link in a long chain of opinions construing the following 27 words: 2 'The right of taking fish, at all usual and accustomed grounds and stations, is further secured to said Indians, in common with all citizens of…