Tag Archives: culverts case
Here. Dissent to denial of rehearing by Judge O’Scannlain (joined by several other judges). En banc materials here. Panel materials here.
Here. All aspects of the substantive holding are retained. This new order adds analysis on a couple of issues (recoupment and the State’s futility argument). No word yet on the court’s response to the request for rehearing en banc. View … Continue reading →
Here. My colleague Alan Stay was integrally involved in bringing the first treaty habitat case in U.S. v. WA, so this article makes for an interesting read.
Here is “License to kill: how Washington may lose its right to wipe out salmon.”
Here. Previous coverage of the 9th Circuit panel decision is here. UPDATE (8/23/16): 119-Idaho-Montana Amicus 121-Amicus filed 122-1-Amici motion from Klamath basin 122-2-Klamath basin amici brief UPDATE (5/19/17): Tribal Response US Response
Download opinion in U.S. v. Washington (9th Cir. Jun 27, 2016) here. The decision is unanimous. Congratulations to all who worked on it through the years and first and foremost to the Tribes who brought it. Previous coverage and briefs … Continue reading →
Washington Dept. of Fish & Wildlife (WDFW) now has a website where you can learn more about their efforts to remove fish-blocking culverts. Facebook users can also access a time-lapse video of WDFW’s removal and replacement of a fish-blocking culvert … Continue reading →
Published in the UNM Natural Resources Journal…. Indian Treaty Fishing Rights and Habitat Protection: The Martinez Decision Supplies a Resounding Judicial Reaffirmation Michael C. Blumm & Jane G. Steadman