United States v. Washington

No. CV 9213RSM, 2007 WL 2437166, 20 F. Supp. 3d 828 (2007)

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United States v. Washington

United States District Court for the Western District of Washington
No. CV 9213RSM, 2007 WL 2437166, 20 F. Supp. 3d 828 (2007)

Facts

The United States (plaintiff), acting on behalf of various Native American tribes (plaintiffs) brought suit against the State of Washington (defendant) to enforce tribal fishing rights arising from nineteenth-century treaties. A subproceeding in federal district court focused on state-maintained culverts, which the United States alleged impeded the migration of salmon to and from their spawning grounds, reducing the quantity of salmon available to the tribes. The United States sought a declaratory judgment and an injunction to compel the state to repair or replace culverts that blocked the passage of fish and to refrain from the construction of other such culverts in the future. The tribes presented evidence of diminished fish runs, though the state argued that no connection was established to the blocked culverts. The state moved for summary judgment. The tribes moved for summary judgement with respect to the declaratory relief requested.

Rule of Law

Issue

Holding and Reasoning (Martinez, J.)

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