NAVAJO NATION v. U.S.

Attorney(s) appearing for the Case

Paul E. Frye, Rothstein, Donatelli, Hughes, Dahlstrom, Schoenburg & Enfield, LLP, of Albuquerque, New Mexico, argued for plaintiff-appellant. Of counsel on the brief was Daniel I.S.J. Rey-Bear, Nordhaus, Haltom, Taylor, Taradash & Bladh, L.L.P., of Albuquerque, New Mexico.

Todd S. Aagaard, Attorney, Environment & Natural Resources Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were R. Anthony Rogers, of Washington, DC, and Kristine S. Tardiff, of Concord, New Hampshire, Attorneys. Of counsel was Elizabeth Ann Peterson, Attorney, of Washington, DC.

Peter Buscemi, Morgan, Lewis & Bockius LLP, of Washington, DC, for amici curiae Peabody Holding Company, Inc., et al. With him on the brief was Brad Fagg.

Before NEWMAN, SCHALL, and LINN, Circuit Judges.