WASHINGTON — 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.
The justices divided 4-4 Monday in the long-running dispute that pits the state against Indian tribes and the federal government.
The tie serves to affirm a lower court ruling in favor of the tribes. Justice Anthony Kennedy stepped aside from the case because he participated in an earlier stage of it when he served on the 9th U.S. Circuit Court of Appeals.
At issue is whether Washington state must fix or replace hundreds of culverts. Those are 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.
Twenty-one tribes and the federal government sued Washington in 2001, arguing that the pipes have caused a reduction in salmon. The tribes say they have been deprived of fishing rights guaranteed by treaty.
The state says the work could cost $2.4 billion.
