Navajo Prevails in D.C. Circuit over Interior in Judicial Funding Dispute

Here is the opinion in Navajo Nation v. Dept. of the Interior.

An excerpt:

We conclude that the ISDEAA does not require the DOI to approve Navajo Nation’s funding requests for the years 2017 through 2020 but its regulations do. The 2017 proposal requested “the renewal of a term contract” with “no material [or] substantial change to the scope or funding” of the previous contract, see 25 C.F.R. § 900.33, and the 2018 through 2020 proposals are “successor[s]” to and “substantially the same as” the 2017 proposal, see id. § 900.32. The DOI therefore violated 25 C.F.R. §§ 900.32 and 900.33 when it considered the section 5321(a)(2) declination criteria and partially declined the Tribe’s proposed AFAs. Accordingly, we reverse the district court.

Briefs here.

Lower court materials here.