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

No. 16-5117.

852 F.3d 1124 (2017)

NAVAJO NATION, a federally recognized Indian tribe, Navajo Nation Department of Justice, Appellant v. UNITED STATES DEPARTMENT OF the INTERIOR and Ryan Zinke, in his official capacity as Secretary, United States Department of the Interior, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 4, 2017.

Attorney(s) appearing for the Case

Steven D. Gordon argued the cause for appellant. With him on the briefs were Philip Baker-Shenk and Jessica Farmer , Washington, DC.

John S. Koppel , Attorney, U.S. Department of Justice, argued the cause for appellees. With him on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, and Mark R. Freeman , Attorney.

Concurring opinion filed by Circuit Judge Kavanaugh.

The Navajo Nation delivered a proposed funding agreement to the Bureau of Indian Affairs, an agency within the United States Department of the Interior, during a partial government shutdown. By law, the BIA had 90 days after receipt to act on the proposal or it would be deemed approved. The BIA did not consider the...

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