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3A THE DAILY ASTORIAN • TUESDAY, JUNE 12, 2018 Supreme Court tie favors Indian tribes State must do more to restore salmon habitat By PHUONG LE Associated Press SEATTLE — Washington state must restore salmon hab- itat by removing barriers that block fish migration after the U.S. Supreme Court on Mon- day left in place a lower court order. The justices divided 4-4 in the long-running dispute that pits the state against North- west Indian tribes and the federal government. The tie serves to affirm a lower court ruling. Justice Anthony Kennedy stepped aside from the case because he participated in an earlier stage when he served on the 9th U.S. Circuit Court of Appeals. At issue is whether the state must pay billions to fix or replace hundreds of culverts — large pipes that allow streams to pass beneath roads but can block migrating salmon if they become clogged or if they’re too steep to navigate. Leaders of several western Washington tribes cheered the decision Monday, calling it a victory that affirms their treaty rights while protecting salmon AP Photo/Ted S. Warren The Supreme Court is leaving in place a court order that forces Washington state to restore salmon habitat by removing barriers that block fish migration. central to their way of life. Jay Julius, chair of the Lummi Indian Business Coun- cil, said it was a win for treaty rights, river rights and salmon. “This is not just about tribes’ treaty right to fish, but also the inherent right to har- vest from a plentiful, healthy supply of salmon,” he said in a statement. Lorraine Loomis, chair of the Northwest Indian Fisher- ies Commission, said the deci- sion would “open hundreds of miles of high quality salmon habitat that will produce hun- dreds of thousands more salmon annually for harvest by Indians and non-Indians.” The Supreme Court in April heard the state’s appeal of a ruling by the 9th U.S. Cir- cuit Court of Appeals. That court affirmed a lower court order in 2013 requiring the state to fix or replace hundreds of the highest-priority culverts within 17 years. Washington state has argued that its treaties with the tribes created no obligation to restore salmon habitat. It said the ruling would force it to per- form work that wouldn’t bene- fit salmon because other barri- ers may completely block fish, and it would also make the state’s taxpayers responsible for fixing problems created by the federal government when it specified the design for the state’s old highway culverts. “It is unfortunate that Wash- ington state taxpayers will be shouldering all the responsi- bility for the federal govern- ment’s faulty culvert design,” state Attorney General Bob Ferguson said in a statement. He said salmon can’t reach many state culverts because they are blocked by cul- verts owned by others, such as counties and the federal government. “The Legislature has a big responsibility in front of it to ensure the state meets its obli- gation under the court’s rul- ing,” Ferguson said. In seeking a Supreme Court review, Ferguson was at odds with other state officials, including Washington Gov. Jay Inslee and Public Lands Commissioner Hilary Franz. “For some time now I’ve hoped that instead of litiga- tion we could focus together on our ongoing work to restore salmon habitat,” Inslee said. “It is time to stop fighting over who should do what,” Franz said. The U.S. government sued Washington in 2001 on behalf of the 21 tribes to force it to replace the culverts with struc- tures that allow fish to pass through. Because the pipes block salmon from reaching their spawning grounds, they deprive the tribes of fishing rights guaranteed by treaty, the lawsuit said. In 2013, U.S. District Judge Ricardo Martinez ordered Washington to fix or replace more than 1,000 culverts blocking access to 1,600 miles of salmon habitat. He also set a deadline of 2030 for the high-priority barriers. By next year, the state transportation department would have spent $200 mil- lion to fix 66 high-priority cul- verts with about 425 remain- ing, said Paul Wagner, who heads that agency’s fish pas- sage program. “It will be a big victory for fisheries,” said Bob Ander- son, a law professor and direc- tor the Native American Law Center at the University of Washington. He said that since 1905, the court has consistently upheld the tribal position that they have a right to a fair share of the salmon, and implied rights that go along with that. “This case is a logical extension of those prior decisions.” State Sen. Reuven Car- lyle, chairman of the Sen- ate Energy, Environment and Technology Committee, said Monday’s ruling was “a forc- ing function to double down on every level to re-prioritize our approach to salmon.” Carlyle said that while he doesn’t think the Legislature needs an immediate special session to address the ruling, work will be done ahead of the next legislative session that begins in January. AP writers Mark Sher- man in Washington, D.C., and Rachel La Corte in Olympia contributed. Some mayors want pot removed As Ohio purges voter rolls, from federal list of illegal drugs Oregon goes in the other direction Wheeler among the seven mayors By GILLIAN FLACCUS Associated Press PORTLAND — Mayors from seven U.S. cities in states with legal marijuana said Monday they have formed a coalition to push for federal marijuana policy reform just days after President Donald Trump expressed support for bipartisan congressional leg- islation to ease the federal ban on pot. Mayors from Portland, Denver, Seattle, San Fran- cisco, Los Angeles, Las Vegas and West Sacramento — all in marijuana-friendly states — sponsored a resolution at the U.S. Conference of Mayors in Boston that asked the U.S. government to remove canna- bis from a list of illegal drugs, among other things. It was approved unani- mously by the broader gath- ering Monday, Larry Jones said, a spokesman for the conference. Mayors from Oakland, California, and Thornton, Colorado, weren’t sponsors but pledged to advocate for federal reforms. “As mayors of cities that have successfully imple- mented and managed this new industry, we have hands-on experience that can help Con- gress take the right steps to support other local govern- ments as they prepare to enter this new frontier,” said Denver Mayor Michael B. Hancock, who led the coalition. “We all face common challenges.” Portland Mayor Ted Wheeler said marijuana busi- nesses employ thousands of people and generate millions of dollars in Oregon. “Cannabis prohibition has failed. It has failed to keep our children safe, it has failed law enforcement, and it has espe- cially failed communities of color disproportionately tar- geted and prosecuted for low- level drug offenses,” he said in an email Monday. “Eventually, legaliza- tion will come to every state — and we want to make sure it’s done so safely and effectively.” The resolution comes after Trump said he would “prob- ably” back a bipartisan con- gressional effort to ease a U.S. ban on the drug that about 30 states have legalized in some form. The bill supported by both parties was introduced Thursday and would dramat- ically reshape the nation’s legal landscape for pot users and businesses. The federal ban that puts marijuana on the same level as LSD and heroin has created a conflict with states that have legalized pot in some form, creating a two-tiered enforce- ment system at the state and federal levels. The legislation with four sponsors, including Republi- can U.S. Sen. Cory Gardner of Colorado, would ensure states have the right to determine the best approach to mari- juana within their borders. Some U.S. restrictions would remain, however, including sales of nonmedical pot to people under 21. “I support Sen. Gard- ner. I know exactly what he’s doing,” Trump told report- ers in Washington, D.C., on Friday, when asked about the legislation. “We’re looking at it. But I probably will end up supporting that, yes.” The mayors’ resolution adopted Monday asks Con- gress, among other things, to: • remove cannabis from the federal Controlled Substances Act • allow employers in the marijuana industry to take tax deductions similar to those allowed in other businesses • provide guidance to financial institutions that pro- vide banking to cannabis businesses • extend legal access to medical marijuana for U.S. veterans The resolution’s approval means that the U.S. Confer- ence of Mayors as an orga- nization will now create fed- eral policy recommendations to submit to Congress starting next year. WANTED Alder and Maple Saw Logs & Standing Timber Northwest Hardwoods • Longview, WA By DIRK VANDERHART Oregon Public Broadcasting Oregon Secretary of State Dennis Richardson has no interest in following Ohio’s lead. In the wake of news Mon- day that the U.S. Supreme Court had upheld Ohio offi- cials’ policy of aggressively taking “inactive” voters from the state’s voter rolls, Rich- ardson announced he’ll con- tinue taking Oregon in the opposite direction. He’s even got a bill in mind. “Despite today’s ruling by the U.S. Supreme Court, Ore- gon remains a national leader in protecting voting rights,” Richardson said in a state- ment. “In Oregon, we believe that a registered voter should not lose their voting rights solely because they haven’t participated recently.” The law upheld by a 5-4 court opinion allows Ohio officials to take voters off the rolls if they don’t vote or respond to notices for a total of six years. It’s considered one of the stricter laws in the nation, but it’s not unique. Until last year, Oregon policies allowed vot- ers to be labeled “inactive” if they didn’t update their voter registrations or vote in at least five years. Richardson changed that rule. In one of his first acts as secretary of state, he announced he’d be taking vot- ers off the rolls after 10 years of inactivity — not five. NORTH COAST CHRISTIAN SCHOOL A happy place, a safe place, a learning place... Is pleased to present the 2018 COMMUNITY CHAMPION AWARD Thanks to the following dedicated companies and individuals, NCCS students were able to finish and dedicate the Alicia Hess Memorial Basketball Court. They also made it possible for NCCS students to feed hundreds of needy families in Clatsop County. And finally, these selfless supporters made it possible for hundreds of children to receive a world class education that not only educates but inspires. 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