Makah Indian Tribe v. Verity
United States Court of Appeals for the Ninth Circuit
910 F.2d 555 (9th Cir. 1990)
The Makah Indian Tribe (plaintiff) and 23 other tribes held federal treaty fishing rights subject to quotas set by the Secretary of Commerce under the Fishery Conservation and Management Act; the Makah sued challenging the Secretary's 1987 quota regulations as violating their treaty rights and separately challenging the underlying regulatory process as violating the FCMA, seeking prospective injunctive relief. The district court dismissed both claims, finding the 23 other treaty tribes were indispensable parties that couldn't be joined, and the Makah appealed.
Whether, under Federal Rule of Civil Procedure 19, an action must be dismissed if an indispensable party cannot be joined.