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 previous coverage here and here and here.

En banc stage briefs:

Washington Rehearing/En Banc Petition

Idaho and Montana Amicus Brief

Klamath Critical Habitat Landowners Amicus Brief

US Response

Tribal Response

Panel materials here.

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