April 16, 2024

Reflections on the Boldt Decision with Earl McGimpsey

37 minutes

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.

In this session, you’ll learn about:

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:

University of Washington Law School’s webpage on the Boldt Decision

Historylink website article on the Boldt Decision

The Backlash to Boldt: Article on the National Museum of the American Indian website

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