Tag Archives: culverts case

The Rehearing En Banc Petition in the Culverts Case Has Been DENIED

Here. Dissent to denial of rehearing by Judge O’Scannlain (joined by several other judges). En banc materials here. Panel materials here.

Posted in Author: Ann Tweedy, Environmental | Tagged | Leave a comment

Amended Panel Decision in the Culverts Case

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

Posted in Author: Ann Tweedy, Environmental, News, treaty rights | Tagged , , , , | 1 Comment

Attorney Alan Stay on the Culverts Decision

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.

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News Profile of the US v. Washington Culverts Decision

Here is “License to kill: how Washington may lose its right to wipe out salmon.”

Posted in Author: Matthew L.M. Fletcher, News, treaty rights | Tagged , , | Leave a comment

Washington has Petitioned for Rehearing/Rehearing En Banc in the Culverts Case

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

Posted in Author: Ann Tweedy, treaty rights | Tagged , , , , | 2 Comments

The 9th Circuit has affirmed the Culverts decision & the treaty habitat right in W. Wash.

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

Posted in Author: Ann Tweedy, Environmental, treaty rights | Tagged , , , , | 4 Comments

Culverts Case Implementation

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

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Blumm and Steadman on the United States v. Washington Culverts Case

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

Posted in Author: Matthew L.M. Fletcher, Environmental, Scholarship, treaty rights | Tagged , , | Leave a comment