Reflections on the Boldt Decision 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.

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

Thank You!

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