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Washington, Petitioner v. United States, et al.
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17-269
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June 11, 2018
High Court Tie Leaves Wash. Tribes' Culverts Win Intact
The U.S. Supreme Court deadlocked Monday in a battle over whether the state of Washington must foot the bill to replace hundreds of culverts to help salmon and protect tribal fishing, leaving in place a Ninth Circuit ruling that could cost the state billions of dollars.
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April 19, 2018
Justices May Add Muscle To Wash. Tribes' Treaty Rights
The U.S. Supreme Court seemed to be leaning toward requiring the state of Washington to protect several tribes' treaty fishing rights during oral arguments Wednesday, and experts say the question of whether the court limits its decision to culverts blocking the tribes' salmon or makes a broad rule for projects with environmental impacts on tribal rights could have major implications for Indian Country.
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April 18, 2018
High Court Struggles To Pin Down What Wash. Owes Tribes
The U.S. Supreme Court on Wednesday grilled attorneys for the state of Washington, the federal government and Native American tribes over how much the state can hurt the tribes' fishing before it has to pay for it under federal treaties, in a case that could put Washington on the hook for $2 billion to repair culverts that block salmon the tribes rely on.
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April 17, 2018
Justices To Weigh Tribal Treaties Against $2B Culvert Cost
The U.S. Supreme Court will hear arguments Wednesday in a challenge to a Ninth Circuit ruling that could force the state of Washington to spend nearly $2 billion replacing hundreds of culverts to preserve Native American tribes' salmon fishing, a case that could see the high court set the standard for how far states have to go to tackle environmental problems in order to satisfy the terms of tribal treaties.
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April 10, 2018
Wash. Tells Justices Not To Expand Treaty Rights In River Row
The state of Washington told the U.S. Supreme Court on Monday that a group of Native American tribes were pushing a novel treaty right in their bid to uphold a Ninth Circuit decision that said the state must protect the tribes' salmon fishing by replacing hundreds of culverts.
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April 02, 2018
Wash. Tribes Get Backup In High Court Fishing Rights Fight
Tribes, fishing groups, law professors, Washington state and local officials and the National Congress of American Indians all urged the U.S. Supreme Court in a slew of amicus briefs Monday to uphold a Ninth Circuit ruling that the state must replace hundreds of culverts to protect tribes' treaty rights to fish for salmon.
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March 27, 2018
Wash. Tribes, Feds Ask Justices To Uphold Culvert Clash Win
A group of Native American tribes and the federal government urged the U.S. Supreme Court on Monday to uphold a Ninth Circuit ruling that the state of Washington must replace hundreds of culverts to protect the tribes' salmon fishing, saying the tribes' treaties clearly require that action.
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March 26, 2018
Kennedy Bows Out Of Culvert Case Due To Newfound Conflict
U.S. Supreme Court Justice Anthony Kennedy won't take part in weighing a challenge to a Ninth Circuit ruling that requires the state of Washington to replace culverts to protect Native American salmon fishing, after discovering a conflict with his service as a circuit judge that a previous check had failed to catch, according to a filing by the court's clerk Friday.
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March 05, 2018
States Back Wash. In High Court Tribal Salmon Culvert Row
A group of 11 states led by Idaho's attorney general urged the U.S. Supreme Court on Friday to overturn a Ninth Circuit ruling requiring the state of Washington to replace hundreds of culverts to protect Native American salmon fishing, saying the decision could rob states of much of their traditional regulatory power.
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February 26, 2018
Wash. Urges Justices To Upend Tribal Salmon Culvert Ruling
The state of Washington urged the U.S. Supreme Court on Saturday to overturn a Ninth Circuit ruling that it must replace hundreds of culverts to protect tribes' salmon fishing, saying the decision creates an "extraordinarily broad new treaty right" and would require spending billions for culverts that may not help protect the salmon.