Washington v. United States (culverts case)

What happened

The Stevens treaties were entered in 1854 and 1855 between Indian tribes in the Pacific Northwest and the Governor of Washington Territory. The tribes relinquished large areas of land, watersheds and offshore waters in what is now Washington State. In exchange they were guaranteed a right to engage in off-reservation fishing.

In 1970 the United States sued the State of Washington on behalf of the tribes over a persistent conflict about fishing rights. In a 1974 decision the district court authorized the parties to use its continuing jurisdiction to resolve disputes that followed. In this stage, the tribes and the United States asked the court to order the State to correct culverts, which allow streams to flow underneath roads. The district court issued an injunction.

On June 27, 2016, the Ninth Circuit affirmed. It held that "in building and maintaining barrier culverts" Washington "violated, and was continuing to violate, its obligation to the Tribes under the Treaties." It held that the district court did not abuse its discretion in ordering the State to correct most of its high-priority barrier culverts within seventeen years, and to fix the rest at the end of their natural life or during road projects undertaken for other reasons.

Washington took the case to the Supreme Court. On June 11, 2018, the Court issued a one-sentence per curiam order: "The judgment is affirmed by an equally divided Court." Justice Kennedy took no part in the decision. The order gave no reasons.

Summarized with AI assistance from 3 sources and checked against their words; not yet reviewed by historians or by the nations. Report an error