The Confederated Salish And Kootenai Tribes v. United States

343 F.3d 1193 The CONFEDERATED SALISH AND KOOTENAI TRIBES, Plaintiff-Appellant, v. The UNITED STATES, Acting By and Through the Secretary of the Department of Interior, Gale NORTON; Bureau of Indians Affairs, U.S. Department of Interior, Stanley Speaks, Northwest Regional Director, Defendants-Appellees. No. 02-35491. United States Court of Appeals, Ninth Circuit. Argued and Submitted August 6, 2003 — Seattle, Washington. Filed September 15, 2003. John B. Carter, Confederated Salish and Kootenai Tribes, Tribal Legal Department, Pablo, Montana, for the plaintiff-appellant. William W. Mercer, Office of the United States Attorney, Billings, Montana, for the defendants-appellees. Appeal from the United States District Court for the District of Montana; Donald W. Molloy, District Judge, Presiding. D.C. No. CV-01-00018-DWM. Before: James R. BROWNING, Arthur L. ALARCÓN, and Richard R. CLIFTON, Circuit Judges. Opinion by Judge ALARCÓN; Concurrence by Judge JAMES R. BROWNING. OPINION ALARCÓN, Senior Circuit Judge. 1 The Confederated Salish and Kootenai Tribes of the Flathead Indian Reservation (the "Tribes") appeal from the order granting summary judgment in favor of…