Opinion by Judge TROTT; Opinion concurring in part and dissenting in part by Judge TASHIMA.
TROTT, Circuit Judge.
The Skokomish Indian Tribe ("Skokomish Tribe") and individual tribe members (collectively "Tribe") brought this action against the City of Tacoma ("City"), Tacoma Public Utilities ("TPU"), and individual board members of TPU ("Board"), (collectively "Tacoma"), and the United States alleging they were harmed by the Cushman Hydroelectric Project...
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