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CENTER FOR BIOLOGICAL DIVERSITY v. PIZARCHIK

Civil Case No. 11-cv-00243-REB-CBS.

858 F.Supp.2d 1221 (2012)

CENTER FOR BIOLOGICAL DIVERSITY, Dine Citizens Against Ruining Our Environment, and San Juan Citizens Alliance, Plaintiffs, v. Joseph PIZARCHIK, in his official capacity as Director, Office of Surface Mining Reclamation and Enforcement, Western Region Office of Surface Mining Reclamation and Enforcement, a federal agency within the U.S. Department of Interior, and Ken Salazar, in his official capacity as U.S. Secretary of Interior, Defendants, and BHP Navajo Coal Company and the Navajo Nation, Defendants-Intervenors.

United States District Court, D. Colorado.

March 14, 2012.

Attorney(s) appearing for the Case

Amy Rae Atwood , Portland, OR, Brad A. Bartlett , Western Energy Justice Project, Durango, CO, for Plaintiffs.

John H. Martin, III , U.S. Department of Justice, Denver, CO, for Defendants.

Daniel J. Dunn , Jennifer L. Biever , Hogan Lovells U.S. LLP, Denver, CO, Deana Maria Bennett , Maria O'Brien , Walter E. Stern, III , Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, Patrick Dale Traylor , Hogan Lovells U.S. LLP, Washington, DC, Brian Leland Lewis , William Allen Johnson , Navajo Nation Department of Justice, Window Rock, AZ, for Defendants-Intervenors.

ORDER GRANTING MOTION TO DISMISS

BLACKBURN, District Judge.

The matter before me is The Navajo Nation's Amended Motion To Dismiss [#47]1 filed June 14, 2011. I grant the motion.

I. JURISDICTION

I have subject matter jurisdiction pursuant to 28 U.S.C. § 1331 (federal question).

II. STANDARD OF REVIEW

Intervenor The Navajo Nation ("Nation") seeks to dismiss plaintiff's complaint...

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