193373P.pdf   12/04/2020  Eugene Scalia  v.  Red Lake Nation Fisheries, Inc
   U.S. Court of Appeals Case No:  19-3373
   Petition for Review of an Order of the Occupational Safety & Health Review Commi   
   [PUBLISHED] [Benton, Author, with Shepherd and Kelly, Circuit Judges] 
   Civil case - Indian law. OSHA issued citations to the Tribe's fishery 
   business after two members of the Red Lake Tribe who were working for the 
   fishery drowned on the reservation in Lower Red Lake,;the OSHA Review 
   Commission dismissed the citations and the fine imposed and the Secretary 
   of the Interior appeals; the Commission did not err in determining that 
   OSHA was inapplicable to the Tribe because enforcement of the Act would 
   dilute the principles of tribal sovereignty and self-government recognized 
   in the applicable treaty which gave the Tribe fishing rights in the 
   reservation; even if OSHA applied to Indian activities in other 
   circumstances, OSHA would not apply to an enterprise owned by and 
   consisting solely of Red Lake Tribe members, as the Tribe is perhaps the 
   most insular and independent sovereign tribe.