FOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT JOSEPH A. PAKOOTAS, an individual and enrolled member of the Confederated Tribes of the Colville Reservation and DONALD R. MICHEL, an individual and enrolled member of the Confederated Tribes of the Coville Reservation, No. 08-35951 Plaintiffs-Appellants, D.C. No. STATE OF WASHINGTON, Petitioner-Intervenor-Appellant, 2:04-cv-00256-LRS Eastern District of and Washington, Spokane CONFEDERATED TRIBES OF THE COLVILLE RESERVATION, Plaintiff, v. TECK COMINCO METALS, LTD., a Canadian corporation, Defendant-Appellee. 8893 8894 PAKOOTAS v. TECK COMINCO METALS JOSEPH A. PAKOOTAS, an individual and enrolled member of the Confederated Tribes of the Colville Reservation; DONALD R. MICHEL, an individual and enrolled member of the Confederated No. 10-35045 Tribes of the Coville Reservation; D.C. No. CONFEDERATED TRIBES OF THE 2:04-cv-00256-LRS COLVILLE RESERVATION, Eastern District of Plaintiffs-Appellees, Washington, STATE OF WASHINGTON, Spokane Plaintiff-Intervenor-Appellee, ORDER v. TECK COMINCO METALS, LTD., a Canadian corporation, Defendant-Appellant. Filed July 1, 2011 Before: Arthur L. Alarcón, Andrew J. Kleinfeld, and Richard R. Clifton, Circuit Judges. ORDER The opinion filed on June 1, 2011 is amended to include only No. 08-35951 on the caption. Pakootas v. Teck Cominco Metals, No. 10-35045 should be removed from the caption. The amended opinion is filed concurrently with this order. No petitions for rehearing or petitions for rehearing en banc will be entertained.