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DINE CITIZENS v. BUREAU OF INDIAN AFFAIRS

No. 17-17320.

932 F.3d 843 (2019)

DINE CITIZENS AGAINST RUINING OUR ENVIRONMENT; San Juan Citizens Alliance; Amigos Bravos; Sierra Club; Center for Biological Diversity, Plaintiffs-Appellants, v. BUREAU OF INDIAN AFFAIRS; United States Department of Interior; United States Office of Surface Mining Reclamation and Enforcement; United States Bureau of Land Management; David Bernhardt, in his official capacity as Secretary of the U.S. Department of Interior; United States Fish and Wildlife Service, Defendants-Appellees, Arizona Public Service Company; Navajo Transitional Energy Company LLC, Intervenor-Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 29, 2019.

Attorney(s) appearing for the Case

Shiloh Silvan Hernandez (argued) and Matt Kenna , Western Environmental Law Center, Helena, Montana; Michael Saul , Center for Biological Diversity, Denver, Colorado; John Barth , Hygiene, Colorado; for Plaintiffs-Appellants.

Aukjen T. Ingraham (argued), Sara Kobak , Brien J. Flanagan , and Sarah Roubidoux Lawson , Schwabe, Williamson & Wyatt P.C., Portland, Oregon, for Intervenor-Defendant-Appellee Navajo Transitional Energy Company, LLC.

Stacey L. VanBelleghem (argued), Claudia M. O'Brien , Roman Martinez , and Devin M. O'Connor , Latham & Watkins LLP, Washington, D.C., for Intervenor-Defendant-Appellee Arizona Public Service Company.

Rachel Heron (argued) and Andrew C. Mergen , Attorneys; Eric Grant , Deputy Assistant Attorney General; Jeffrey H. Wood , Acting Assistant Attorney General; United States Department of Justice, Washington, D.C.; for Amicus Curiae United States.

Ethel B. Branch , Attorney General; Paul Spruhan , Assistant Attorney General; Navajo Nation Department of Justice, Window Rock, Arizona; for Amicus Curiae Navajo Nation.

Before: Sandra S. Ikuta and Michelle T. Friedland, Circuit Judges, and Frederic Block, District Judge.

OPINION

A coalition of tribal, regional, and national conservation organizations ("Plaintiffs") sued the U.S. Department of the Interior, its Secretary, and several bureaus within the agency, challenging a variety of agency actions that reauthorized coal mining activities on land reserved to the Navajo Nation...

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