Washington state must continue restoring salmon habitat by removing barriers that block fish migration after the US Supreme Court today left in place a lower court order.
The justices divided 4-4 in the long-running dispute that pits the state against Northwest Indian tribes and the federal government. The tie serves to affirm a lower court ruling in favor of the tribes.
Justice Anthony Kennedy stepped aside from the case because he participated in an earlier stage of it when he served on the 9th US Circuit Court of Appeals.
At issue is whether Washington state must pay billions of dollars to fix or replace hundreds of culverts large pipes that allow streams to pass beneath roads but can block migrating salmon if they become clogged or if they're too steep to navigate.
Leaders of several western Washington tribes cheered the decision today, calling it a victory that affirms their treaty rights while protecting salmon central to their way of life.
Jay Julius, chair of the Lummi Indian Business Council, called the decision a win for treaty rights, river rights and salmon.
"This is not just about tribes' treaty right to fish, but also the inherent right to harvest from a plentiful, healthy supply of salmon," he said in a statement.
Lorraine Loomis, chair of the Northwest Indian Fisheries Commission, said the decision would "open hundreds of miles of high quality salmon habitat that will produce hundreds of thousands more salmon annually for harvest by Indians and non-Indians."
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