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 here.

Native American Concert Friday in Bellingham, WA

This should be a good antidote to Thanksgiving. I’ve gone in past years and highly recommend it.

scan Cindy

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 pursuant to the district court’s order.

Comments on proposed Spokane River Instream Flow Rule Due Friday

For Washingtonians who may be interested, here’s an article from the Center for Environmental Law & Policy. Washington_Water_Watch_(Nov.-2014)_Final

Invited Solicitor General’s Brief in Young v. Fitzpatrick

Brief filed in suit against Puyallup Police. Here.

Previous coverage here.

Hanford Nuclear Site Leaks and Possible Environmental Impacts

AP story is here.

An article about the history of the site and its proximity (and potential danger) to the Columbia River is here.

Finally, here is an article from two years ago, which discusses the results of the contamination and the Yakama Nation’s repeated attempts to get the U.S. government to acknowledge the problem.

Tribal Sovereignty Curriculum in Washington State Schools

The AP story talks about (and provides a link to) the tribal sovereignty curriculum, which is available for elementary, middle, and high schools.

New Domestic Violence Stats on Native Victimization from Washington State

Here: Native Victims issue brief 06-2012 FINAL_1

Cert Opposition Brief in Suit against Puyallup Police

Here:

Young v Fitzpatrick Cert Opp

The petition is here.

Petition for Cert in Young v. Fitzpatrick

Questions presented:

QUESTIONS PRESENTED FOR REVIEW

1. Whether Police Officers, Employed by the Puyallup Indian Tribe, But Trained, Certified, and Cross-Commissioned by the State of Washington, and Armed, Equipped, and Provisioned by the United States, Are Subject to the Constitution, U.S. Civil Rights Laws, and State Tort Law;

2. Whether the Shelter or Conceal Clause of the Treaty of Medicine Creek, and Additional Sources of Federal and State Law, Preempts Any Claims of Qualified Immunity by Individual Puyallup Tribal Police Officer Defendants in a Suit for Violation of the Constitution, U.S. Civil Rights Laws, and State Tort Law.

Cert Petition

WA App Ct Decision (WA Supreme Court Decision denied petition for review)

Previous coverage here.