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Kescoli v. Babbitt

101 F.3d 1304 (1996)

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Kescoli v. Babbitt

United States Court of Appeals for the Ninth Circuit
101 F.3d 1304 (1996)

MP

Facts

The Navajo Nation and the Hopi Tribe (absentees) jointly owned subsurface minerals at a mining complex. The Peabody Western Coal Company (Peabody) had a lease agreement with the absentees to mine coal at their complex. The United States Department of the Interior Office of Surface Mining (OSM) issued a permit to Peabody to conduct mining activities at the complex subject to numerous special conditions. Peabody challenged many of the OSM’s special conditions in an administrative proceeding and appeal in which the absentees and Maxine Kescoli, a member of the Navajo Nation, were allowed to intervene. Despite Kescoli’s opposition to one of the special conditions relating to the protection of sacred burial sites near the complex, that condition was approved. Kescoli then filed a petition for review in federal district court without joining the absentees. The court dismissed Kescoli’s petition after it determined that under Federal Rule of Civil Procedure 19, the absentees were necessary and indispensable parties who, due to their sovereign immunity, could not be joined. Kescoli appealed.

Rule of Law

Issue

Holding and Reasoning (Thompson, J.)

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