From our private database of 30,900+ case briefs...
Kescoli v. Babbitt
United States Court of Appeals for the Ninth Circuit
101 F.3d 1304 (1996)
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
Holding and Reasoning (Thompson, J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 551,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 551,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 30,900 briefs, keyed to 984 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.