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June 28, 2016
SEATTLE — In a case that could have big implications for dams and other development in the Northwest, a federal appeals court panel said Monday that Native American tribes have a right not only to fish for salmon, but for there to be salmon to catch — a ruling that affirms the duty of the United States to protect the habitat of the prized fish under treaties dating back more than 150 years.
Three judges from the 9th U.S. Circuit Court of Appeals reached their unanimous decision in a case involving culverts, large pipes that allow streams to flow under roads but which also can block migrating fish. They upheld a lower court's 2013 ruling ordering Washington state to replace hundreds of the pipes with more structures, such as bridges that allow streams to flow naturally underneath them.
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