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.

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

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

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Ninth Circuit Affirmed Dismissal of Challenge to Coal Mining on Navajo Land

Filed

United States of America

Arizona

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Ninth Circuit Affirmed Dismissal of Challenge to Coal Mining on Navajo Land

Policy instrument

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Just transition

Fossil fuel

Economic sector

Adaptation/resilience

Finance