NAVAJO NATION v. U.S. DEPT. OF INTERIOR

No. 13-15710.

819 F.3d 1084 (2016)

NAVAJO NATION, Plaintiff-Appellant, v. U.S. DEPARTMENT OF the INTERIOR; Kenneth Lee Salazar, in his official capacity as Secretary of the USDOI; National Park Service; Jonathan B. Jarvis, in his official capacity as Director of the National Park Service; Tom O. Clark, in his official capacity as Park Superintendent, Canyon de Chelly National Monument, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 6, 2016.


Attorney(s) appearing for the Case

Paul Spruhan (argued), Assistant Attorney General; Harrison Tsosie , Attorney General, Navajo Nation Department of Justice, Window Rock, AZ; Paul E. Frye and William Gregory Kelly , Frye Law Firm, Albuquerque, NM, for Plaintiff-Appellant.

Mary Gabrielle Sprague (argued); Robert G. Deher , Acting Assistant Attorney General; David C. Shilton ; Andrew C. Mergen , United States Department of Justice, Environment & Natural Resources Division, Washington, D.C., for Defendants-Appellees.

Opinion by Judge CHRISTEN; Dissent by Judge IKUTA.


OPINION

The Navajo Nation appeals the district court's dismissal of its suit seeking immediate return of human remains and associated funerary objects taken from its reservation. The Nation describes these remains and objects as "among the most sacred of [its] property" due to its deep spiritual belief that upon...

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