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]

Here:

Appellant Brief

Arizona Public Service Co Brief

Navajo Transitional Energy Company, LLC Brief

United States Brief

Navajo Nation Amicus

Reply

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

Diné CARE Prevails in NEPA Challenge to Navajo Mine Expansion

Here are the materials in  Diné Citizens against Ruining Our Environment v. United States Office of Surface Mining Reclamation and Enforcement (D. Colo.):

48 Diné CARE Opening Brief

53 OSMRE Response

54 BHP Navajo Response

55 Diné CARE Reply

79 DCT Order

News coverage here.

Posts on prior motion to dismiss and motion to intervene.

Federal Court Denies Navajo Rule 19 Motion in Diné CARE v. US Office of Surface Mining Reclamation

Here is the order:

DCT Order Denying Navajo Motion to Dismiss

Briefs are here.

Update in Navajo Dine CARE v. Salazar Suit re Navajo Mine — Additional Update (11/6/12)

Here are the updated materials:

Complaint post

Navajo Intervention and Motion to Dismiss post

Diné CARE Response

Navajo Reply

Update: FINAL 2012-10-18 Dine C.A.R.E.,et al. v. Salazar Not. Supp. Auth.

Update in Diné CARE v. Salazar

Here is Navajo’s latest pleading (limited motion to intervene and motion to dismiss):

FINAL COMBINED NAVAJO NATION AREA IV PLEADINGS

The complaint is here.

Diné CARE File Another Suit to Stop Coal Mine at Navajo Mine

Here is the complaint in Diné Citizens against Ruining Our Environment v. United States Office of Surface Mining Reclamation and Enforcement (D. Colo.):

Dine CARE Complaint

Our posting on the related and previous suit is here.

Navajo Nation Moves to Intervene in Environmental Suit to Protect Navajo Mine Interests

Here are the materials in Center for Biological Diversity v. Pizarchik (D. Colo.):

Amended_Motion_to_Intervene_CBDv.U.S.&BHP

Ex.A_Dismiss

Ex.B_Shelly

Ex.C_Cicchetti

Environmental Challenge at Navajo Mine Continues

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.