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NAVAJO NATION v. U.S.

No. 2006-5059.

501 F.3d 1327 (2007)

The NAVAJO NATION, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 13, 2007.

Attorney(s) appearing for the Case

Paul E. Frye, Frye Law Firm, P.C., of Albuquerque, NM, argued for plaintiff-appellant. With him on the brief was Lisa M. Enfield. Of counsel on the brief was Daniel I.S.J. Rey-Bear, The Nordhaus Law Firm, of Albuquerque, NM, and Louis Denetsosie, Attorney General, The Navajo Nation, of Window Rock, AZ.

Todd S. Aagaard, Attorney, Environment & Natural Resources Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief was Sue Ellen Wooldridge, Assistant Attorney General.

Before GAJARSA, Circuit Judge, PLAGER, Senior Circuit Judge, and MOORE, Circuit Judge.

GAJARSA, Circuit Judge.

The threshold question in this case is whether the Navajo Nation ("Nation" or "Tribe") has a cognizable money-mandating claim under 28 U.S.C. § 1505, known as the Indian Tucker Act, against the United States for a breach of trust in a lease of the Nation's lands for coal mining to Peabody Coal Co. ("Peabody"). Only if there is such a claim, may we evaluate whether the United States breached its trust duties based on the parties' cross...

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