Swinomish Tribe

Tribal Fishing/Environmental Justice Rights Prevail After Supreme Court Ruling

Justice Kennedy’s Recusal Proves Decisive in Preserving Tribes’ Legal Victory

Perhaps the most consequential environmental case of the rapidly-concluding U.S. Supreme Court Term ended this week with a whimper rather than a bang: in a curt one-sentence order, the Court ruled that the Ninth Circuit Court of Appeals’ earlier decision in Washington v. United States “is affirmed by an equally divided Court.” The justices split 4-to-4 on …

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