Legal Opinion

Hopi Tribe v. U.S. Environmental Protection Agency

Court of Appeals for the Ninth Circuit

Decided March 20, 2017No. 14-73055Published

1Opinion of the Court

OPINION

SCHROEDER, Circuit Judge:

The Hopi Tribe petitions for review of the Environmental Protection Agency’s (“EPA”) federal implementation plan (“FIP”) under the Clean Air Act (“CAA’O for the Navajo Generating Station (“Station”) in Arizona. The station is operated by a consortium of utilities led by the Salt River Project and under a lease from the Navajo Nation that expires in 2019. It is a coal-fired plant that uses coal for which the Hopi Tribe receives royalties. The FIP was promulgated pursuant to the EPA’s Tribal Authority Rule that governs CAA requirements on tribal lands. The Hopi…

2Cases cited3 opinions

  1. Seminole Nation v. United StatesSupreme Court of the United States · 1942
  2. Gros Ventre Tribe v. United StatesCourt of Appeals for the Ninth Circuit · 2006
  3. Yazzie v. U.S. Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2017

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