Podcast

Reflections on the Boldt Decision with Earl McGimpsey

 
16 Apr 2024  |  Episode #256  |  with Earl McGimpsey

Growing up, I always sensed that my father was deeply involved in a significant legal case, although my understanding of it was limited as I was less than 5 years old at the time. It wasn’t until much later in life, when I attended an American Bar Association Water Law Conference, that I truly grasped the importance of the Boldt Decision. Now, as this pivotal ruling marks its 50th anniversary, I felt compelled to capture my father’s thoughts on the case.

  • The background on the Boldt Decision (United States v. Washington, 384 F.Supp. 312 (W.D. Wash. Feb. 12, 1974)
  • Why the Indian Tribes brought suit
  • The parties involved in the Boldt lawsuit
  • The bodies of water affected by the Boldt Decision
  • How and why different agencies of the State took different positions on the lawsuit
  • Words matter: why the language “usual and accustomed grounds and stations” from the 1850’s era treaty was so important
  • How the court determined the Indian Tribes were engaged in commercial fishing at the time of the treaty
  • Why Native Americans testified on both sides of the case (for the State and for the Tribes)
  • How the United States argued that the U.S. Fish & Wildlife Service could assist the Indian Tribes in regulating fishing
  • Why Judge Boldt determined that the State could not regulate Indian fishing
  • The appellate process for the Boldt Decision
  • The effects on commercial fishing of the Boldt Decision
  • How the media covered the Boldt Decision

Resources and links mentioned in or relevant to this session include:

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The Water Values Podcast

Thanks to each of you for listening and spreading the word about The Water Values Podcast! Keep the emails coming and please rate and review The Water Values Podcast on iTunes and Stitcher if you haven’t done so already. And don’t forget to tell your friends about the podcast and whatever you do, don’t forget to join The Water Values mailing list!