As a reminder, Boldt II held that the Tribal Right is Dead Fish in the Boat. That is viewed as the habitat hammer. They won the Culvert Case and WA continues to drag its feet on compliance. The State does need to appeal the Culvert Case to the Supremes. The stakes are really high. Tribes win, and the state(s) will either owe a lot of money for habitat loss or they will have to stop growth and probably roll back quite a bit.

Alternatively, if the State wins the resources lose because money is needed so we need to develop, develop, develop.