The District court and the 9th Circuit court both sided with the Tribes. The Tribes arguments were persuasive. But the implications of a ruling that normal human activity that degrades salmon habitat rises to the level of a Treaty violation, is a huge regulatory leap. It would implicate even minor habitat modifications such as building a single family home or withdrawing water for residential use. And in Puget Sound and the Oly Pen, there are very few human activities that do not adversely affect salmon habitat, in some manner. Just think about it - road building, residential development, logging, mining, municipal water supply, almost anything would fall under this definition. That’s why the Supreme Court may take this case.

Which brings up a critically important decision for the Tribes: Even though the Tribes legal arguments are persuasive, do they really want to risk their Treaty rights to this Supreme Court?? In my view, if the Supremes decide to take this case, the Tribes should re-double their efforts to settle it.