A New Legal Frontier for Protection and Restoration of Salmon Habitat---the Stevens Treaties of the 1850's

Federal and State laws, regulations, and programs have traditionally been used as the legal framework for the protection and restoration of salmon habitat.  However, the Federal District Court of Western Washington has recently recognized a new legal basis to recover our salmon resources and fisheries.  Under United States v. Washington (Boldt Decision), the federal district court has ruled that the reserved rights of the Tribes under the 1850’s Stevens Treaties include a duty of the State of Washington to protect and restore salmon habitat.  The purpose of the presentation will be to review the decision of the federal court but more importantly to discuss “why” this case was brought forward by twenty western Washington tribal governments.