The case continued to have issues brought up before the district court. In what became known as "Phase II", District Judge William H. Orrick, Jr. heard the issues presented by the United States on behalf of the tribes. Following the hearing, Orrick enjoined the state of Washington from damaging the fish's habitat and included hatchery-raised fish in the allocation to the Indigenous people. The state appealed the decision to the Ninth Circuit, which affirmed in part and reversed in part, allowing the hatchery fish to remain in the allocation but leaving the habitat issue open.