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<< Previous   of   Next >>   ADVERTISEMENT   Related Stories • Tribes win key ruling; others will have to pay 8/23/07   CONTACT THE HERALD Robert Frank, City Editor frank@heraldnet.com   Published: Saturday, February 10, 2007 State and tribes to renew talks They agree to give mediation another try in a lawsuit over the health of salmon By Krista J. Kapralos / Herald Writer Leaders of 21 American Indian tribes agreed Friday, at the request of a federal District Court judge, to return to mediation on a lawsuit against the state that could affect the region's environmental future. Known as the "Culvert Case," the litigation centers on concerns that the state is not adequately protecting fish runs. "We decided there was nothing to be gained by not taking any opportunity that pops up," said Mason Morisset, an attorney who represents the Tulalip Tribes in the case. "Although we've had many opportunities that haven't resulted in a settlement, we can at least make one more run while we continue to prepare for trial," he said. Fronda Woods, a lawyer in the state attorney general's office, said all the parties involved decided it was a good idea to return to the negotiating table. "We'll see if we have better luck this time," she said. Both sides faced off in a pre-trial hearing last week before U.S. District Court Judge Ricardo Martinez, who, after listening to their arguments, warned both sides they faced a long fight. The tribes' attorneys argued that the state has violated the treaties the tribes signed with the federal government in the 1800s by failing to maintain culverts that have blocked fish from vibrant runs. Tribal lawyers said the court must define their treaty rights so the tribes can become the primary stewards of the region's environment. Woods countered that the state shouldn't be held responsible for environmental changes that may have been caused by natural progression and population growth. She added that the state has several programs in place to repair and replace damaged culverts. Martinez told the lawyers a lengthy trial could stall current efforts between the parties to share management of the environment. He also said that any trial outcome would most likely lead to an appeal, and more litigation. In a letter dated Friday, Woods, Morisset and other attorneys involved in the case asked for a 60-day time frame in which to either resolve the dispute or move forward in court. The attorneys also said they will ask that a trial on the matter be scheduled for late summer or early fall.

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