Culverts Win May Indicate A New Era For Tribal Treaty Rights

Law360 (June 22, 2018, 3:25 PM EDT) -- On June 11, the United States Supreme Court issued a 4-4 per curiam decision (Justice Anthony Kennedy was recused) affirming the United States Court of Appeals for the Ninth Circuit’s decision in the Culverts case, which is the latest chapter in Washington v. United States. Every tribe, person, public utility, municipality, state or developer that has an interest in water rights or projects that impact salmon, should pay attention to the court’s ruling in the culverts case — and work with counsel to prepare your strategy for productive engagement to resolve these issues before they lead to expensive bet-the-farm litigation....

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