March 14 2025. United States v. Michigan - Western District of Michigan at Marquette.
On March 13 the United States Sixth Circuit Court of Appeals ruled against the Sault Tribe's Appeal to have the 2023 Great Lakes Fishing Decree voided.
The ruling in part states " We conclude that the lack of unanimous consent does not preclude the district court from entering new fishing regulations. Although consensus among the parties is preferable, the overriding priority is protecting the treaty right for all five tribes and preserving the fishery resource for all parties. Based on the fifteen-factor test, the district court concluded that “the approval and entry of the Proposed Decree is in the best interest of the fishery, the Parties, and the amici.” Michigan, 2023 WL 5444315, at *1. The district court did not abuse its discretion in exercising its continuing jurisdiction and inherent equitable power—just as it had done in 1982, 1983, and 1985—to enter the 2023 Decree over the Sault Tribe’s objections. Accordingly, we affirm the district court’s order adopting the 2023 Decree. We also dismiss as moot the Sault Tribe’s appeal of the district court’s order extending the 2000 Decree."
March 13 2025 Published Court Ruling 6th Circuit Court of Appeals.
On March 11 in an unpublished ruling, the Judges ruled as they had stated when listening to Oral Arguments in December 2024 that the well-funded Coalition to Protect Michigan Resources has no standing in the Great Lakes Consent Decree and dismissed their case.
Next Steps have not been announced by the Sault Tribe Board of Directors or the Coalition, but we believe both parties may be considering filing an appeal with the US Supreme Court.
For now it appears the Great Lakes Consent Decree stands. The agreement will define for the next 24 years how the state, the federal government and the tribes will cooperatively allocate and manage the resources in the 1836 Treaty-ceded waters of the Great Lakes.
