Tuesday, December 11, 2007
2:00 p.m. – 3:15 p.m. Eastern Time / 1:00 p.m. – 2:15 p.m. Central Time
12:00 p.m. – 1:15 p.m. Mountain Time / 11:00 a.m. – 12:15 p.m. Pacific Time

Program Overview:
The teleconference will explore the declaratory ruling in United States v. Washington (W.D. Wash. Aug. 22, 2007) issued by Judge Martinez of the Western District of Washington holding that treaties reserving tribal rights to take fish impose a duty on the State to refrain from diminishing fish runs through the construction and maintenance of culverts blocking fish passage. The Court held that “the right of taking fish, secured to the Tribes in the Stevens Treaties, imposes a duty upon the State to refrain from building or operating culverts under State-maintained roads that hinder fish passage and thereby diminish the number of fish that would otherwise be available for Tribal harvest.”

The Court described its judgment as a “narrow directive to refrain from impeding fish runs in one specific manner.” Nonetheless, the Court’s conclusion that the treaties impose duties on the State to refrain from impeding fish runs has uncertain implications for other state actions. The decision leaves the door wide open for future litigation and leaves unresolved whether third party actions authorized by state permits are likely to be implicated.

Educational Objectives:

• Explore the legal and practical implications of the decision from tribal, state, and private perspectives

Faculty:
Moderator:
Beth Ginsberg, Stoel Rives LLP, Seattle, WA

Panelists:
Michael O’Connell, Stoel Rives, LLP, Seattle, WA
Robert Anderson, University of Washington School of Law, Seattle, WA

This program will not offer CLE credit.

There are two ways to participate in this program either attending a host site location or individual dial-in:

HOST SITE LOCATION
Participation at a host site location is free of charge; however, reservations are required.

Seattle, WA
Stoel Rives LLP
600 University St., Ste. 3600
RSVP: Lynn Stevens, (206) 689-8727, lastevens@stoel.com

ConferTel Teleconference (Individual dial-in):
If you wish to participate by telephone please register online.

Online registration is encouraged for immediate confirmation and billing receipt. You may also complete this form and fax it to (760) 931-0079. Once your registration and payment have been processed, you will receive a confirmation with the toll-free telephone number and security PIN number.

The registration fee covers the cost of the phone connection; you are encouraged to have others listen to the program with you. Registration cannot be confirmed until ConferTel receives check or Purchase Order.

*The Section has secured ConferTel to provide conferencing services, including registration, conferencing and payment. Please make checks payable to ConferTel. Questions regarding the teleconference can be directed to ConferTel at (866) 930-4500.

Registration Fee:
Registrations cannot be confirmed until ConferTel receives check or Purchase Order.
Section Members: $80 | Gov't, Academic, or Public Interest: $80 | Other ABA Members: $100 | General Attendance: $110

Cancellation Policy:
Paid registrants who are unable to call in to the conference may request a refund less a $30 administrative fee. Substitutions are acceptable.

Late Registration Notice:
Please register early, we cannot guarantee late registrations (day of event).

Law Students:
Complimentary registrations are available for law student groups and environmental law societies. Please contact Ninah Smith at (312) 988-5724 to secure your registration.

Do you have a question that you would like the panel to address? Please email your question to Beth Ginsberg at bsginsberg@stoel.com by December 10, 2007 at noon Eastern Time and the panel will make every effort to address your inquiry.

Cultural Property Law: A Practitioner's Guide to the Management, Protection, and Preservation of Heritage Resources