YAKAMA NATION, Wash.-The U.S. Supreme Court issued a landmark ruling recently in favor of Yakama Nation treaty rights. The Court agreed with the Washington Supreme Court that the Treaty of 1855 preserved Yakama Nation members' right to travel on the public highways while carrying goods to market. In the treaty negotiated with the United States, the Yakama people gave up millions of acres (90 percent of their land) to protect the right to travel. Members of the Yakama Nation have exercised this right for generations.
Cougar Den is a fuel wholesaler that has been importing fuel from Oregon since 2013 and sells the fuel to other businesses owned by tribal members. In 2014, the Washington Department of Licensing began issuing Cougar Den tax assessments for the imported gasoline, claiming the company owed $20 million in back taxes and penalties. Attorneys argued that the Treaty of 1855 protects tribal members' rights to travel freely, including when bringing goods to market.
At an earlier stage, the Washington Supreme Court joined all other independent courts to have considered the issue, finding in favor of Cougar Den and striking down millions of dollars in taxes and penalties that the state sought to impose on Cougar Den. The Attorney General then appealed to the U.S. Supreme Court, which again ruled in favor of the company.
"The courts have previously told the state that it cannot tax on-reservation sales, and it cannot place the burden of these taxes on the reservation. But the treaty also exempts the Yakama from paying import taxes which burden their right to travel," noted Mat Harrington, who successfully argued this case before the Washington Supreme Court. "In today's ruling, the U.S. Supreme Court honored the solemn promises made by the U.S. government."
