Ariz. Utility Asks High Court Not To Revive Navajo Coal Case
By Clark Mindock (June 4, 2020, 8:35 PM EDT) -- An environmental challenge to a coal-fired power plant on Navajo land shouldn't be taken up by the Supreme Court because two lower courts were right to dismiss the case based on the tribe's sovereign immunity, Arizona's largest utility said Thursday.
Arizona Public Service argued that lower courts correctly dismissed the case on the grounds that sovereign immunity bars the tribe from being sued alongside the federal government for allegedly faulty environmental reviews that were conducted by the U.S. before it approved a lease renewal that allows APS and others to operate the plant on Navajo land.
APS owns the plant alongside...
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