Opinion by Judge TROTT; Dissent by Judge KLEINFELD. TROTT, Circuit Judge: Appellants Jack Metcalf et al. appeal the district court’s grant of summary judgment in favor of appellees William Daley, Secretary of Commerce; James Baker, Administrator of National Oceanic and Atmospheric Administration; Rolland A. Schmitten, Director of National Marine Fisheries Service (collectively “Federal Defendants”); and the Makah In…
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