United States Ninth Circuit

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US v. Washington, 13-35474

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In an Indian law action concerning tribal fishing rights to land maintained by federal and state governments, the district court’s injunction ordering defendant State of Washington to correct culverts directing streams and waters is affirmed where: 1) defendant’s barrier culverts violate the Stevens Treaties, entered into between the federal government and the tribes; 2) the treaty rights belong to the tribes cannot be waived by the U.S.; and 3) defendant’s cross-request for an injunction requiring the U.S. to fix the culverts is barred by sovereign immunity and a lack of standing.

Appellate Information

  • Decided
  • Published 2016/06/27

Judges

  • W. FLETCHER

Court

  • United States Ninth Circuit

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