Civil Action No. 07-cv-1475-JLK.

747 F.Supp.2d 1234 (2010)

DINÉ CITIZENS AGAINST RUINING OUR ENVIRONMENT, San Juan Citizens Alliance, Plaintiffs, v. Al KLEIN, in his official capacity as Western Regional Director, Office of Surface Mining Reclamation and Enforcement, Denver, Colorado, Office of Surface Mining Reclamation And Enforcement, a federal agency within the U.S. Department of Interior, Defendants, Arizona Public Service and BHP Navajo Coal Company, Intervenors.

United States District Court, D. Colorado.

October 28, 2010.

Attorney(s) appearing for the Case

Brad A. Bartlett , Travis Earl Stills, Durango, CO, for Plaintiffs.

Terry Fox , Denver, CO, for Defendants.

Brian H. Potts , Douglas B. Clark , Foley & Lardner, LLP, Madison, WI, Paul Bargren , Thomas L. Shriner, Jr. , Foley & Lardner, LLP, Milwaukee, WI, Jonathan William Rauchway , Scot W. Anderson , Davis Graham & Stubbs, LLP, Denver, CO, William C. Scott , Walter E. Stern, III , Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, for Intervenors.


KANE, Senior District Judge.

The Navajo Nation comprises over 27,000 square miles in the four corners region of the southwestern United States. Born of a history of strife and conflict between American settlers and members of the Navajo Tribe,1 the reservation is located within the ancestral homeland of the Navajo (or Diné, the Navajo word for "people")— the area bounded by Blanca Peak...

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