H/T Indianz
Here is the decision, In re Peabody Western Coal Division, from the Environmental Appeals Board
Peabody Coal
Commentary on the Navajo Nation Oral Argument
As could be predicted, the oral argument in United States v. Navajo Nation (transcript) did not go very well for the respondents. Adam Liptak noted that Justice Ginsburg showed unusual vigor in suggesting to Carter Phillips that her 2003 majority opinion in Navajo Nation I foreclosed any chance for a monetary award, implying that the first decision covered any possible relevant openings for the Nation.
And that’s how Acting SG Ed Kneedler opened, by arguing that the questions presented in Navajo I included all possible statutes that could generate an award-generating cause of action for the Nation. Before the Acting SG concluded his opening portion of the argument, Justice Ginsburg on page 18 was asking Mr. Kneedler the proper course of action once the Court rules in favor of the government. See Transcript page 18, lines 4-7. Kneedler suggested a reversal and a dismissal of the complaint below. No more remands, something perhaps the Court forgot to do before.
NYTs Editorial Supporting Navajos
From the NYTs:
The federal government has a long history of cheating American Indians, and not all of this dirty dealing is in the distant past. On Monday, the Supreme Court hears arguments in a suit by the Navajo, who lost millions of dollars’ worth of coal royalties because the government helped a coal company underpay for their coal. A lower court ruled for the Navajo Nation. The Supreme Court should affirm that well-reasoned decision.
The Navajo’s huge reservation spreads across parts of Arizona, New Mexico and Utah. The United States holds the lands in trust and manages their large coal deposits. Peabody Coal had a lease to mine on that land. The terms provided that in 1984, the interior secretary could make a reasonable adjustment in the royalty rates paid to the tribe.
Law Professor Brief in United States v. Navajo Nation
Here — law-prof-amicus-brief-navajo-nation
And several former Interior Secretaries filed a brief supporting the Navajo Nation — former-interior-secretaries-brief-navajo-nation
Other briefs are here.
Article on Peabody Coal, Black Mesa, and the Bush Administration
From CounterPunch:
Two days before Christmas, officials from the U.S. Office of Surface Mining (OSM) have granted a permit to Peabody Coal Company to expand their mining operations on Navajo and Hopi lands, despite opposition from local communities and problems with the permitting process including lack of adequate time for public comment on a significant revision to the permit, insufficient environmental review, and instability in the Hopi government preventing their legitimate participation in the process. OSM’s “Record of Decision” (ROD) is the final stage of the permitting process for the proposed “Black Mesa Project,” which would grant Peabody Coal Company a life-of-mine permit for the “Black Mesa Complex” in northern Arizona.
United States Merits Brief in United States v. Navajo Nation
Here.
United States v. Navajo Nation — Cert Opposition Brief
Here is the Navajo Nation’s brief opposing the United States’ cert petition in the ongoing Peabody Coal case.
United States v. Navajo Nation Cert Petition
The United States petitioned for cert in the ongoing Navajo Nation case over the Peabody Coal debacle. The Supreme Court held in 2003 that the Indian Mineral Leasing Act did not create a duty, but the Federal Circuit on remand resurrected the claim. Once again, the claim may give rise to $600 million in damages to the United States.
The lower court materials (briefs and opinions) are here.
Navajo Nation v. United States (CAFed) — Trust Violation Remand
After the Supreme Court wiped out the $600 million judgment favoring the Navajo Nation against the United States in 2003, the Court remanded the case to allow the Nation to pursue the same judgment on different legal theories. So far, the Nation has been successful in the Federal Circuit, although the United States has petitioned the Federal Circuit for en banc review.
Here are the materials:
EEOC v. Peabody Coal & Navajo Nation — CA9 Materials
This long-running case involves the Navajo tribal preference statute. The district court dismissed the claim under Rule 19 (one of my faves!). Here are the Ninth Circuit materials:
Turtle Talk 