Treaties
Culvert construction, by diminishing the number of fish, violates fishing rights terms in treaties with tribes.
Abrogation of treaty rights requires legislation -- agency action doesn't constitute waiver.
State cannot compel FG to limit culvert construction, as it has no standing to assert treaty rights, and the action is barred by sovereign immunity.
Injunction not overbroad -- was a valid exercise of equitable discretion to order state to remedy rather than the FG through the state, since the state held title to the culverts.
USA v. State of Washington
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.