Metcalf v. Daley

The Makah Indian Tribe (defendant) had a treaty right to hunt gray whales but stopped whaling decades ago as the species neared extinction; by 1993, the population had recovered, and the Makah asked NOAA and the National Marine Fisheries Service (NMFS) (defendants) to seek an international whaling quota on their behalf. NMFS represented the Makah at international meetings in 1995-96 and signed a written agreement with the Tribe in 1996 to formally propose a quota and help manage the whale hunt. NOAA didn't prepare a draft environmental assessment (EA) under NEPA until August 1997, signed a new agreement with the Makah in October 1997, and issued a final EA and a Finding of No Significant Impact days later, authorizing whaling in 1998. Jack Metcalf and others (plaintiffs) sued, arguing the government violated NEPA by committing to support the Makah's whaling before ever preparing the EA. The district court granted summary judgment for the defendants.