Sovereign Immunity Covers Navajo Coal Plant, 9th Circ. Says

Law360 (July 29, 2019, 6:34 PM EDT) -- The Ninth Circuit on Monday said green groups can't challenge the federal government's approval of a coal-fired plant and mine to continue operating on Navajo land because the plant's owner is a tribal entity and has sovereign immunity status.

Environmental groups had sued several agencies within the U.S. Department of the Interior, claiming their decision to approve a 25-year extension on the operation of the Navajo Transitional Energy Co.-owned Four Corners Power Plant and an expansion of the mine on Navajo land to help feed the plant violated the Endangered Species Act, the National Environmental Policy Act and the Administrative Procedure...

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