9th Circuit Sends Navajo’s Breach Of Trust Claim Back To Trial Court For Ruling

(December 11, 2017, 3:02 PM EST) -- SAN FRANCISCO — While the vast Navajo Nation does not have standing to pursue a National Environmental Policy Act (NEPA) claim in its challenge to the federal government’s water allotment guidelines for the Colorado River, it can proceed with its breach of trust claim against the government, whose sovereign immunity is waived by the Administrative Procedure Act, the Ninth Circuit U.S. Court of Appeals held Dec. 4 (Navajo Nation v. Department of the Interior, No. 14-16864, 9th Cir., 2017 U.S. App. LEXIS 24470)....