No. 19-1166

Diné Citizens Against Ruining Our Environment, et al. v. Bureau of Indian Affairs, et al.

Lower Court: Ninth Circuit
Docketed: 2020-03-24
Status: Denied
Type: Paid
Experienced Counsel
Tags: administrative-law administrative-procedure-act agency-action civil-procedure consent federal-agency federal-jurisdiction non-federal-entity rule-19 standing statutory-interpretation statutory-requirements
Key Terms:
AdministrativeLaw Environmental SocialSecurity
Latest Conference: 2020-06-25
Question Presented (AI Summary)

Whether Federal Rule of Civil Procedure 19 requires dismissal of an Administrative Procedure Act action

Question Presented (OCR Extract)

QUESTION PRESENTED Whether Federal Rule of Civil Procedure 19 requires dismissal of an Administrative Procedure Act action challenging a federal agency’s compliance with statutory requirements governing federal agency decisions, for failure to join a non-federal entity that would benefit from the challenged agency action and cannot be joined without consent.

Docket Entries

2020-06-29
Petition DENIED.
2020-06-09
DISTRIBUTED for Conference of 6/25/2020.
2020-06-08
Reply of petitioners Diné Citizens Against Ruining Our Environment, et al. filed. (Distributed)
2020-06-04
Letter waiving the 14-day waiting period for the distribution of the petition for a writ of certiorari pursuant to Rule 15.5 filed.
2020-06-04
Brief of respondent Arizona Public Service Company in opposition filed.
2020-06-04
Brief of respondent Navajo Transitional Energy Company, LLC in opposition filed.
2020-04-16
Letter of April 16, 2020 from the Solicitor General filed.
2020-04-15
Motion of Arizona Public Service Company to extend the time to file a response from April 23, 2020 to June 4, 2020, submitted to The Clerk.
2020-04-15
The motions to extend the time to file responses are granted and the time is extended to and including June 4, 2020, for all respondents.
2020-04-14
Motion of respondent Navajo Transitional Energy Company to extend the time to file a response from April 23, 2020 to June 4, 2020, submitted to The Clerk.
2020-03-24
Petition for a writ of certiorari filed. (Response due April 23, 2020)
2020-02-22
Application (19A934) granted by Justice Kagan extending the time to file until March 24, 2020.
2020-02-21
Application (19A934) to extend the time to file a petition for a writ of certiorari from March 10, 2020 to March 24, 2020, submitted to Justice Kagan.

Attorneys

Arizona Public Service Company
Roman Martinez VLatham & Watkins, LLP, Respondent
Roman Martinez VLatham & Watkins, LLP, Respondent
Bureau of Indian Affairs, et al.
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Diné Citizens Against Ruining Our Environment, et al.
Sarah Elaine HarringtonGoldstein & Russell, P.C., Petitioner
Sarah Elaine HarringtonGoldstein & Russell, P.C., Petitioner
Navajo Transitional Energy Company
Sara KobakSchwabe, Williamson & Wyatt, PC, Respondent
Sara KobakSchwabe, Williamson & Wyatt, PC, Respondent