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The Climate Litigation Database
Litigation

Diné Citizens Against Ruining Our Environment v. U.S. Bureau of Indian Affairs

Date
2016
Geography
Arizona
Part of
Diné Citizens Against Ruining Our Environment v. Bureau of Indian Affairs

About this case

Filing year
2016
Status
Petition for rehearing en banc denied.
Geography
Docket number
17-17320
Court/admin entity
United States → United States Federal CourtsUnited States → United States Ninth Circuit (9th Cir.)
Case category
Federal Statutory Claims → Endangered Species Act and Other Wildlife Protection StatutesFederal Statutory Claims → NEPA
Principal law
United States → Endangered Species Act (ESA)United States → National Environmental Policy Act (NEPA)
At issue
Challenge to expanded coal strip-mining operations at the Navajo Mine and extended coal combustion at the Four Corners Power Plant.

Documents

Filing Date
Type
Action Taken
Document
Summary
12/11/2019
Decision
Petition for rehearing en banc denied.
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10/04/2019
Decision
Order issued directing intervenor-defendants-appellees to file response to petition for rehearing en banc.
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09/12/2019
Petition For Rehearing
Petition for rehearing en banc filed by appellants.
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07/29/2019
Decision
Dismissal affirmed.
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The Ninth Circuit Court of Appeals affirmed the dismissal of a lawsuit challenging federal agency actions that reauthorized coal mining activities on land reserved to the Navajo Nation. The Ninth Circuit agreed with the district court that the Navajo Transitional Energy Company (NTEC)—a corporation wholly owned by the Navajo Nation and the owner of the coal mine—was a required party that could not be joined due to tribal sovereign immunity. The Ninth Circuit further concluded that the district court had not abused its discretion in determining that the lawsuit could not proceed without NTEC.
05/18/2018
Amicus Motion/Brief
Amicus brief filed by Navajo Nation supporting appellees and affirmance of the district court decision.
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02/16/2018
Brief
Brief submitted by United States as amicus curiae in support of reversal.
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02/09/2018
Brief
Opening brief filed by appellants.
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Summary

Challenge to expanded coal strip-mining operations at the Navajo Mine and extended coal combustion at the Four Corners Power Plant.