Mark Quehrn was quoted in the Law360 article, "9th Circ. Culvert Decision Sows Uncertainty For Projects," commenting on the Ninth Circuit panel that upheld an order directing the state of Washington to replace 1,000 culverts that infringed on tribal fishing rights, a decision that could fuel challenges to other wildlife-affecting projects based on a broader reading.
Mark Quehrn, a partner at Perkins Coie LLP, said there’s a potential for actions not just with the state's own projects but also county or city capital projects, or private activities that get issued a state, county or city permit.
“My suspicion is that we haven’t seen the end of where the principles that are reflected in this decision will stop,” Quehrn said. “I think they will go some way further down that path to other state actions or other political subdivisions’ actions, certainly when they’re the ones who are building and causing the habitat disruption. It will be really interesting to see where it goes on permits.”