9th Circuit: Washington’s Road Culverts Violate Tribes’ Fishing Rights

Mealey's (June 30, 2016, 2:46 PM EDT) -- SEATTLE — The State of Washington must reconstruct or replace 817 culverts under roads that are blocking the passage of fish because the culverts were built and maintained by the state in violation of Indian treaties from the 1800s that guarantee off-reservation fishing rights for several tribes, the Ninth Circuit U.S. Court of Appeals held June 27 in affirming an injunction ordering the state to remediate the culverts (United States of America, et al. v. State of Washington, No. 13-35474, 9th Cir.; 2016 U.S. App. LEXIS...
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