Supreme Court Denies Tribe’s Petition On Hydroelectric Dam And The Futility Doctrine

(October 3, 2023, 11:55 AM EDT) -- WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 2 denied a petition for a writ of certiorari filed by a Washington Indian tribe that argued that its original action, asking whether the construction of a dam in the Skagit River used for hydroelectric power violated provisions of the U.S. and Washington constitutions as well as state and federal statutes by not allowing for the passage of salmon and other migratory fish, should not have been dismissed under the futility doctrine....