Full 1st Circ. Asks Maine How Tribe Can Fish With No Water

Law360 (September 22, 2020, 8:05 PM EDT) -- A full First Circuit on Tuesday struggled with Maine's assertion that the "rivering" Penobscot Nation could simultaneously keep its rights to fish on its reservation while giving up the title to the surrounding waters, prompting one judge to demand a straight answer from the state's attorney.

Responding to Maine's insistence that the court needn't clear up the fishing issue because it wasn't a live controversy, U.S. Circuit Judge Sandra L. Lynch said the state's agreement that permits fishing "within the boundaries of their respective Indian reservations" is a "significant issue" that must be cleared up.

"It does the state of Maine...

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