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.
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.
For Washingtonians who may be interested, here’s an article from the Center for Environmental Law & Policy. Washington_Water_Watch_(Nov.-2014)_Final
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.
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.
WA App Ct Decision (WA Supreme Court Decision denied petition for review)
Previous coverage here.
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