Uncivil Law
Uncivil Law
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Washington v. Cougar Den

Posted

July 23, 2019

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An Indian tribe runs gas stations in the state of Washington on its tribal land, but to get the gas to the gas station, the tribe uses tanker trucks which have to drive across public highways.

The State of Washington charges tax on fuel by in part taxing the fuel trucks that use its highways.

The tribe refused to pay the tax, arguing that a treaty between the tribe and the US government gives the tribe the right to use the highways without tax liability.

The State of Washington argues that the tax is the same tax for everyone, and that to exempt the tribe is unfair, both in that it gives the tribe's gas station a competitive advantage over non-tribe gas stations, and that since the trucks are heavy, the damage caused to the roads by the trucks would have to be paid for by people other than those that are causing the damage.

In today's case, the US Supreme Court is asked to interpret a 150 year old treaty, and decide whether the tribe owes fuel taxes or not.

Guests & Subjects Covered

An IndianThe StateUS Supreme Court

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Washington v. Cougar Den · Uncivil Law · Sentinel