Analysis

State Tax Revenue, Tribal Treaty Clash In High Court Fight

Law360 (July 3, 2018, 1:42 PM EDT) -- The U.S. Supreme Court’s recent decision to hear Washington’s challenge to a ruling that a Yakama Nation company is exempt from a state fuel tax will show how well the tribe’s 19th century treaty rights can stand up in a high court that’s increasingly worried about such rights curbing state powers.

The high court granted certiorari on June 25 to the Washington State Department of Licensing’s petition claiming the Washington Supreme Court shouldn’t have blocked $3.6 million in state fuel taxes for Cougar Den, a corporation formed under the laws of the Confederated Tribes and Bands of the Yakama Nation and...

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