February 2019 Bar Bulletin
By Lorraine Loomis
A recent Washington Supreme Court ruling1 has strengthened a state law aimed at protecting the waters, shorelines and streambanks essential to salmon recovery. The ruling also reflects the U.S. Supreme Court ruling in the culvert case that the state has a duty to protect habitat so that salmon are available for tribes to exercise our treaty rights.
Since 1943 the Hydraulic Project Approval process — administered by the Washington Department of Fish and Wildlife — has been one of our frontline defenses to protect salmon. An HPA is required for any activities in and around state waters that can threaten fish, shellfish and...