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KALISPEL TRIBE OF INDIANS v. U.S. DEPT. OF INTERIOR

No. 19-35808.

999 F.3d 683 (2021)

KALISPEL TRIBE OF INDIANS, a federally recognized Indian tribe, Plaintiff-Appellant, and Spokane County, a municipal corporation and political subdivision of the state of Washington, Plaintiff, v. U.S. DEPARTMENT OF THE INTERIOR; Deb Haaland, Secretary of the Interior; Bryan Newland, Principal Deputy Assistant Secretary for Indian Affairs; Bureau of Indian Affairs; Stanley Speaks, Northwest Regional Office, Bureau of Indian Affairs, Defendants-Appellees, Spokane Tribe of Indians, Intervenor-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed June 1, 2021.

Attorney(s) appearing for the Case

Daniel I. S.J. Rey-Bear (argued), Rey-Bear McLaughlin LLP, Spokane, Washington; Zachary L. Welcker , Kalispel Tribe of Indians Legal Office, Airway Heights, Washington; for Plaintiff-Appellant.

Tamara Rountree (argued), John L. Smeltzer , Joann Kintz , and Devon L. McCune , Attorneys; Eric Grant , Deputy Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Andrew S. Caulum , Senior Attorney, Office of the Solicitor, United States Department of the Interior, Washington, D.C.; for Defendants-Appellees.

Danielle Spinelli (argued), Kevin M. Lamb , and James D. Barton , Wilmer Cutler Pickering Hale and Dorr LLP, Washington, D.C.; Scott Wheat , General Counsel, Office of the Spokane Tribal Attorney, Wellpinit, Washington; for Intervenor-Defendant-Appellee.

Before: Marsha S. Berzon, Morgan Christen, and Bridget S. Bade, Circuit Judges.

OPINION

Kalispel Tribe of Indians, a federally recognized Indian tribe, appeals the district court's order granting summary judgment in favor of the United States Department of the Interior (the Secretary), the Bureau of Indian Affairs, and federal officials. Kalispel challenged the Secretary's decision that the...

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