Ninth Circuit Affirms Rule 19 Dismissal of Environmental Challenge to Four Corners Power Plant

Here is the opinion in Diné Citizens against Ruining Our Environment v. Bureau of Indian Affairs.

Briefs here.

Ninth Circuit Briefs in Diné Citizens against Ruining Our Environment v. BIA [Rule 19 Joinder; Four Corners Power Plant & Navajo Mine]


Appellant Brief

Arizona Public Service Co Brief

Navajo Transitional Energy Company, LLC Brief

United States Brief

Navajo Nation Amicus


Oral argument video here.

Federal Court Grants Rule 19 Dismissal in Challenge to Navajo Mine and Four Corners Power Plant

Here are the materials in Diné Citizens Against Ruining Our Environment v. Bureau of Indian Affairs (D. Ariz.):

50 Motion to Dismiss

56 US Opposition

57 Plaintiffs Opposition

61 Reply

64 DCT Order

Tenth Circuit Briefs in Challenge to EPA Decision re: Four Corners Power Plant at Navajo

Here are the briefs in Wildearth Guardians v. EPA:

Wildearth Guardians Opening Brief

Arizona Public Service Co. Brief

EPA Brief

Wildearth Guardians Reply Brief

Diné CARE National Parks Conservation Association v. EPA Complaint: Clean Air Act Suit regarding Navajo Coal

Here is the complaint, filed in D.C.:

Diné CARE Complaint

An excerpt:

1. The federal Clean Air Act requires the Administrator of the United States Environmental Protection Agency (“Administrator” or “EPA”) to promulgate modern pollution control limits at the massive Navajo Generating Station (“NGS”) and Four Corners Power Plant (“Four Corners”), located on Navajo tribal lands in Arizona and New Mexico, to remedy unhealthful, scenery-impairing air pollution in protected national parks and wilderness areas in the American Southwest. Because EPA has failed to promulgate such pollution control limits without unreasonable delay, Plaintiffs bring this action to secure an order from the court that directs EPA to issue haze-reducing pollution control limits at NGS and Four Corners forthwith.
2. In particular, this Clean Air Act Section 304(a) citizen suit, 42 U.S.C. §7604(a), seeks an order compelling EPA to perform its nondiscretionary duties by date or dates certain to promulgate federal implementation plans (“FIPs”) establishing Best Available Retrofit Technology (“BART”) for NGS and Four Corners. EPA’s failure to perform these duties within a reasonable time has deprived Plaintiffs’ members of health, welfare, and procedural protections provided by the Clean Air Act.