Phil Katzen
earned his A.B. from the University of California, Berkeley in 1970,
and his J.D. from the University of California, Berkeley (Boalt Hall),
in 1977. He then served as a staff attorney and Native American Project
Director for Evergreen Legal Services (later Columbia Legal Services)
in Washington State. During his tenure at Evergreen, Phil represented
thirteen Indian tribes in United States v. Washington and other treaty
rights cases. Proceedings in which Phil was lead counsel or played a
major role have resulted in vindicating the tribes' treaty rights to
take fifty percent of the shellfish found in treaty waters (including
those found on privately owned tidelands), establishing the allocation
rules governing tribal and non-Indian fisheries, limiting the
non-Indian recreational fishery in order to protect tribal fishing
rights, and enjoining construction of a major marina that otherwise
would have proceeded without due regard for tribal fishing rights.
Today,
Phil continues his involvement in United States v. Washington and other
treaty rights cases. He is currently coordinating counsel for the
tribes in the recently filed "culverts"; subproceeding of United States
v. Washington, which seeks to ensure that habitat protection measures
are taken by the State to bring about a rejuvenation of the fisheries
on which the Washington tribes have relied for so long, and he
continues to be coordinating counsel for the tribes in ongoing
litigation over implementation of the tribes' shellfishing rights on
privately owned property. Phil also represents and consults with tribes
on matters related to tribal rights to fish, hunt and gather, and he is
both a guest lecturer at law schools and universities and a frequent
speaker at continuing legal education seminars on those topics. Phil
also currently represents tribes and tribal members challenging
Washington State taxes, including one case seeking to preempt State
taxes of motor vehicle fuel sold from tribally owned gas stations, and
another case where tribal members are challenging the State of
Washington's attempt to impose taxes on their reservation businesses.
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