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Navajo Nation v. Peabody Hold Company, Inc et al.

  • Practice Area(s): Litigation, Complex Civil Litigation, Appellate
  • Attorney(s): Buffone, Samuel J.
  • Case Date(s): 2011
  • Court: D.C. Cir. Of Appeals
  • State: Dist. of Columbia
  • Docket No. 02-7083; 99CV00469

The Navajo Nation stated claims for inducement of breach of trust, conspiracy, tort and contract violations related to the defendants mining and use of coal on Navajo land. Plaintiff alleges defendants induced the Department of the Interior to suppress a well-supported decision raising Navajo coal royalties from extremely low rates; deceived the Navajo Nation and withheld from it key information; forced the Navajo Nation to negotiate at a decided disadvantage; and ultimately secured approval of a lease of Navajo coal for far less than every federal study had found reasonable – all in violation of applicable treaties, statutes, departmental regulations, and the core trust duties of loyalty, candor, and care. The parties have completed all non-expert discovery, are currently engaged in settlement negotiations through the District Court for the District of Columbia’s mediation program, and are awaiting a schedule for completion of summary judgment proceedings.