Dine Citizens against Ruining Our Environment v. Klein

Tenth Circuit Rejects Appeal from Government to Remand Order in Diné Citizens against Ruining Our Environment

Matthew L.M. Fletcher

Here is the unpublished opinion in Diné Citizens against Ruining Our Environment v. Klein.

The Dine Citizens brief is here:

Dine Citizens Brief

Opinion in Dine Citizens against Ruining Our Environment

Matthew L.M. Fletcher1 Comment

Here: Dine Citizens against Ruining Our Environment DCt Order

Environmental Challenge at Navajo Mine Continues

Matthew L.M. Fletcher

Here is the opinion in this NEPA claim (D. Colo.) — Dine Citizens against Ruining Our Environment v Klein

An excerpt:

This action concerns alleged violations of the National Environmental Protection Act (“NEPA”), 42 U.S.C. § 4321 et seq., and the Administrative Procedures Act (“APA”), 5 U.S.C. § 701 et seq., by the Department of Interior’s Office of Surface Mining Reclamation and Enforcement (“OSM”) in connection with OSM’s permitting of mining and related operations at the Navajo Mine. It is before me on the motion to dismiss or to transfer venue filed by OSM and Al Klein, its Western Regional Director, (collectively “Federal Defendants”) and separate motions to dismiss filed by intervenors Arizona Public Service Company (“APS”) and BHP Navajo Coal Company (“BHP”). Having carefully considered the motions, related briefing, and all applicable legal authorities, and being fully advised in the premises, I deny the motions in part and grant them in part.