culverts case

Seattle Human Rights Commission Letter on Culverts Case

Matthew L.M. Fletcher

Here:

Seattle Human Rights Commission Culvert_OpEd

An excerpt:

The Seattle Human Rights Commission writes in response to the Seattle Times recent editorial “The Supreme Court must clarify culvert ruling,” and seeks to correct inaccuracies regarding tribal treaty rights and the State’s obligation to not impair them. Washington’s tribal nations have lived and fished throughout our State since time immemorial, and their right to do so is protected by treaty. The Ninth Circuit Court of Appeals, in an exhaustive and well researched opinion, recognized that this right requires the removal of culverts that block fish passage. The State’s decision to seek Supreme Court review of that decision reflects revisionist and troubling effort to weaken treaty rights.

Seattle Times Editorial Board Supports WA’s Cert Petition in Culverts Case

Ann Tweedy1 Comment

Here. Previous coverage is here.

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

Ann Tweedy

Here. Dissent to denial of rehearing by Judge O’Scannlain (joined by several other judges).

En banc materials here.

Panel materials here.

Amended Panel Decision in the Culverts Case

Ann Tweedy1 Comment

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.

Attorney Alan Stay on the Culverts Decision

Ann Tweedy

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.

News Profile of the US v. Washington Culverts Decision

Matthew L.M. Fletcher

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

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

Ann Tweedy2 Comments

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

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

Ann Tweedy4 Comments

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 here.

Culverts Case Implementation

Video Ann Tweedy

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 pursuant to the district court’s order.

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

Matthew L.M. Fletcher

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