Abstract:
Thomas Schlosser represents Tribes in fisheries, timber, water, energy, cultural
resources, contracting, tax and federal breach of trust. He is a director of Morisset,
Schlosser, Jozwiak & Somerville, where he specializes in federal litigation, natural
resources and Indian tribal property issues. He is also frequently involved in tribal
economic development and environmental regulation and is a part-time lecturer at the
University of Washington School of Law. In the 1970s, Tom represented tribes in the
Stevens’ Treaty Puget Sound fishing rights proceedings. Since 1981, Tom has
represented the Hoopa Valley Tribe in Klamath Basin matters. Tom has a B.A. from
the University of Washington and a J.D. from the University of Virginia Law School.
He is a founding member of the Indian Law Section of the Washington State Bar
Association. Abstract: In reply to Rebuttal in Defense of the Klamath Hydroelectric
Settlement Agreement this article bolsters the conclusions of Dewatering Trust
Responsibility: The New Klamath River Hydroelectric and Restoration
Agreements that the Klamath Hydroelectric and Restoration Agreements fail to
resolve ecological problems and abdicate the United States' trust responsibility
to tribes. The article points to the Federal Energy Regulatory Commission
relicensing proceedings and other studies to show that the Rebuttal fails to
counter the arguments in Dewatering Trust that the Klamath Basin Restoration
Agreement terminates Indian water rights and the Klamath Hydroelectric
Settlement Agreement nullifies the public’s right to effective enforcement of
applicable federal environmental law.
