Green v. United States

996 F.2d 973 26 Fed.R.Serv.3d 222 Margaret GREENE, in her capacity as Chairman of the Samish Indian Tribe of Washington; Samish Indian Tribe of Washington, Plaintiffs-Appellees, v. UNITED STATES of America; Bruce Babbitt, * in his capacity as Secretary of the Interior, Defendants, Tulalip Tribes of Washington, Defendant-Intervenor-Appellant. No. 91-35569. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 1, 1993. Decided June 22, 1993. James H. Jones, Jr., Bell & Ingram, Everett, WA, for intervenor-appellant. Russel L. Barsh, Anacortes, WA, for plaintiffs-appellees. Appeal from the United States District Court for the Western District of Washington. Before: WRIGHT, CANBY and REINHARDT, Circuit Judges. EUGENE A. WRIGHT, Circuit Judge: 1 The Tulalip Tribes seek to intervene in an action between the Samish Tribe and the Department of Interior regarding federal recognition of the Samish. The Tulalip argue that federal acknowledgment of the Samish as an Indian tribe will lead to the dilution of treaty fishing rights. The district court denied intervention, finding that the action did not implicate treaty claims. We agree that the Tulalip have not identified…