In the case, the court deadlocked 4-4, with Justice Anthony Kennedy recusing himself due to his prior involvement in the case as a judge on the United States Ninth Circuit Court of Appeals.
[1] The deadlock left standing a lower court ruling that the State of Washington must redesign and rebuild road culverts to allow salmon to swim upstream, to uphold Native American treaty rights to fish.
[2] The issue decided by the federal courts was whether, under the 1855–1856 Stevens Treaties, "the right to fish is the right to put a net in the water or the right for there to be fish to catch";[3] however, with the 4-4 Supreme Court decision, it may not be binding on future court decisions.
[7] The state was given until 2030 to repair the highest-priority culverts.
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