Dine Citizens Against Ruining our Environment v. Bureau of Indian Affairs, No. 17-17320 (9th Cir. 2019)Annotate this Case
The Ninth Circuit affirmed the district court's dismissal of an action brought by a coalition of tribal, regional, and national conservation organizations who sued the government and others, challenging agency actions that reauthorized coal mining activities on land reserved to the Navajo Nation.
The panel held that NTEC was a legally protected interest in the subject matter of this litigation, and that proceeding with the suit in NTEC's absence impaired that interest. Because no other party to the litigation could adequately represent NTEC's interests, the panel held that the district court did not err by determining that NTEC was a party that must be joined if feasible under Federal Rule of Civil Procedure 19(a). Furthermore, the district court properly concluded that NTEC was an "arm" of the Navajo Nation that enjoyed the Nation's immunity from suit and could not be joined to this action. The panel applied the Rule 19(b) factors and held that the district court did not err in concluding that the litigation could not, in good conscience, continue in NTEC's absence. Finally, the panel rejected the request to apply the public rights exception.