[env-trinity] Victory for Salmon in WA culverts Indian Tribal rights case

Tom Stokely tstokely at att.net
Tue Jun 12 13:29:23 PDT 2018


There are several article url's shown below.  This is apparently a landmark legal ruling regarding state responsibility for fish passage.TS
"The Supreme Court, in a 4-to-4 deadlock, let stand a lower court’s order that the state make billions of dollars worth of repairs to roads that had damaged the state’s salmon habitats and contributed to population loss."
‘This Ruling Gives Us Hope’: Supreme Court Sides With Tribe in Salmon Case

  
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‘This Ruling Gives Us Hope’: Supreme Court Sides With Tribe in Salmon Case
 It’s an important victory for Native American communities, but other threats are chipping away at the salmon hab...  |   |

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https://www.seattletimes.com/nation-world/nation-politics/supreme-court-tie-favors-indian-tribes-in-washington-state/

At issue is whether Washington state must fix or replace hundreds of culverts, large pipes that allow streams to pass beneath roads but can block migrating salmon if they become clogged or if they're too steep to navigate.

 By  
 The Associated Press <https://www.seattletimes.com/author/the-associated-press/>;  

WASHINGTON — The Supreme Court is leaving in place a court order that forces Washington state to restore salmon habitat by removing barriers that block fish migration.

Related stories

A chronology of Washington's culvert case <https://www.seattletimes.com/seattle-news/chronology-of-culvert-case-before-u-s-supreme-court/>; 

U.S. Supreme Court steps into state's long-running culvert case <https://www.seattletimes.com/seattle-news/environment/u-s-supreme-court-will-decide-washingtons-long-running-culvert-case/>; 

Supreme Court showdown: Washington's attorney general vs. tribes over salmon habitat <https://www.seattletimes.com/seattle-news/supreme-court-showdown-washingtons-attorney-general-vs-tribes-over-salmon-habitat/>; 

2017: Washington state loses big legal battle over salmon culverts <https://www.seattletimes.com/seattle-news/washington-state-loses-big-legal-battle-over-salmon-culverts/>; 

The justices divided 4-4 Monday in the long-running dispute that pits the state against Indian tribes and the federal government.

The tie serves to affirm a lower court ruling in favor of the tribes. Justice Anthony Kennedy stepped aside from the case because he participated in an earlier stage of it when he served on the 9th U.S. Circuit Court of Appeals.
  

At issue is whether Washington state must fix or replace hundreds of culverts. Those are large pipes that allow streams to pass beneath roads but can block migrating salmon if they become clogged or if they’re too steep to navigate.

The Associated Press
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