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Golden Gate University Environmental Law Journal

Abstract

This article details the history and current status of Elwha River Dams removal from a tribal perspective. Section II recounts the Elwha Tribe’s struggle to remain in its homeland in the years after the Treaty of Point No Point. Section III highlights the Tribe’s more recent efforts to protect its treaty fisheries and cultural heritage, and Section IV presents an early example of Washington State’s appalling inability to protect its salmon streams. Section V summarizes the legal history of the Elwha Dams, and Section VI discusses the efforts of the Federal Energy Regulatory Commission to retain licensing jurisdiction on the river. Section VII provides an update on recent federal legislation affecting tribal interests in the Elwha River salmon fisheries, and Section VIII notes the opportunities and obstacles created by federal funding for dam removal.

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