Washington v. United States
| Washington v. United States | |
|---|---|
 | |
| Argued April 18, 2018 Decided June 11, 2018 | |
| Full case name | Washington v. United States |
| Docket no. | 17-269 |
| Citations | 584 U.S. ___ (more) 138 S. Ct. 1832; 201 L. Ed. 2d 200 |
| Case history | |
| Prior | United States v. Washington, 853 F.3d 946 (9th Cir. 2017); cert. granted, 138 S. Ct. 735 (2018). |
| Holding | |
| Lower court upheld by divided Court. | |
| Court membership | |
| |
| Case opinion | |
| Per curiam | |
| Kennedy took no part in the consideration or decision of the case. | |
Washington v. United States, 584 U.S. ___ (2018), was a United States Supreme Court case regarding Native American fishing rights in the U.S. state of Washington. In the case, the court deadlocked 4-4, with Justice Anthony Kennedy recusing himself due to his prior involvement in the case as a judge on the United States Ninth Circuit Court of Appeals.[1] The deadlock left standing a lower court ruling that the State of Washington must redesign and rebuild road culverts to allow salmon to swim upstream, to uphold Native American treaty rights to fish.[2] The issue decided by the federal courts was whether, under the 1855–1856 Stevens Treaties, "the right to fish is the right to put a net in the water or the right for there to be fish to catch";[3] however, with the 4-4 Supreme Court decision, it may not be binding on future court decisions.[4]
The case was argued on April 18, 2018.[5][6]
The cost of stream restoration demanded by the court decision was estimated to be $3.7 billion,[7] making culvert replacement of the top megaprojects in the Seattle area.
The decision was per curiam.[8]
The state was given until 2030 to repair the highest-priority culverts. [9]
See also[]
- United States v. Washington, aka Boldt Decision, landmark 1974 ruling establishing treaty fishing rights in Washington
- Puget Sound salmon
- Stream restoration
References[]
- ^ https://www.supremecourt.gov/DocketPDF/17/17-269/39869/20180323153617321_Recusal%20Letter%20in%20No.%2017-269.pdf
- ^ United States v. Washington, 853 F.3d 946 (9th Cir. 2017).
- ^ Eilis O'Neill (June 12, 2018), Supreme Court Gives Tribes A Victory Over Washington State In Salmon Case, Oregon Public Broadcasting
- ^ John Eligon (June 11, 2018), "'This Ruling Gives Us Hope': Supreme Court Sides With Tribe in Salmon Case", The New York Times
- ^ "Washington v. United States".
- ^ https://www.supremecourt.gov/oral_arguments/argument_transcripts/2017/17-269_o75q.pdf
- ^ Aaron Kunkler (July 13, 2018), "Fish culverts ruling will increase price tag for the state: The state will be on the line for $3.7 billion for fish culvert replacements.", Kirkland Reporter
- ^ Washington v. United States, No. 17-269, 584 U.S. ___ (2018).
- ^ Le, Phuong. “U.S. Supreme Court Tie Favors Indian Tribes in State Culvert Case.” Kitsap Sun, Kitsap, 11 June 2018, www.kitsapsun.com/story/news/2018/06/11/u-s-supreme-court-tie-favors-tribes-state-culvert-case/690690002/.
External links[]
- Text of Washington v. United States, 584 U.S. ___ (2018) is available from: Justia Oyez (oral argument audio) Supreme Court (slip opinion)
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