SCOTUSblog has named EEOC v. Peabody Coal Co. its petition of the day:
Title: Equal Employment Opportunity Commission v. Peabody Western Coal Company
Docket: 10-1080
Issue(s): Whether the Secretary of the Interior is a “required party,” within the meaning of Rule 19(a)(1) of the Federal Rules of Civil Procedure, to an action by the Equal Employment Opportunity Commission against a private employer, where the challenged conduct was undertaken pursuant to a federally approved mining lease between the employer and an Indian Tribe, but no federal agency is a party to the lease.Certiorari stage documents:
I think this petition is a conditional cross-petition though, which isn’t up for serious consideration unless the underlying petition is granted. There are actually two — one by Peabody Coal and one by Navajo. The conditional cross-petition notes that the government will separately respond to the cert petitions.
Turtle Talk 