Journal of Environmental Law & Litigation : Vol. 23, No. 2, p. 491-518 : The Culverts Opinion and the Need for a Broader Property-Based Construct
During the last thirty years, the State of Washington has been involved in extensive litigation with Indian tribes (with the United States acting as trustee for the tribes) regarding fishing rights and the quality of fish runs throughout the Northwest. While much of this litigation regards tribal fishing rights in the face of state fishing regulations, few cases have specifically touched on a state's duty to protect fish runs and fish habitat.