Here is that opinion:
DCT Order Denying Navajo Motion to Dismiss
This case is on remand from the Ninth Circuit. It involves the validity of the Navajo Preference in Employment statute under Title VII.
EEOC v. Peabody Coal
EEOC v. Peabody Coal: SCOTUSBlog Petition of the Day
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.
EEOC Files Conditional Cross-Petition in Navajo Tribal Preference Case
Here: EEOC Conditional Cross-Petition
The question presented:
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.
The cert petitions filed by Peabody Coal and the Navajo Nation are here.
Ray Austin & Howard Brown on the Navajo Preference in Employment Statute
Howard L. Brown & Hon. Raymond Austin will soon publish “The Twenty-Fifth Anniversary of the Navajo Preference in Employment Act” in the New Mexico Law Review. Here is a sneak preview: Navajo Preference in EmploymentAct, 40 NMLR 17 (2010).
A very, very timely and important article, especially given the recent Ninth Circuit order and remand in EEOC v. Peabody Coal.
Ninth Circuit Allows EEOC Claim against Peabody Coal to Proceed; EEOC and Navajo May Seek Injunctive Relief
Ah, Rule 19!
Here is Judge William Fletcher’s opinion in EEOC v. Peabody Coal. Here are the briefs.
And supplemental authority filed by the Navajo Nation: Austin v Andrus Brief.
Turtle Talk 