Court of Appeals reverses $600 million Peabody Coal decision

[nosmokes]

And yey a pittance of what they're owed, especially if you wanna start talking about '64 dollars.
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U.S. Court of Appeals reverses $600 million Peabody Coal decision

Posted: September 24, 2007
by: Staff Reports / Indian Country Today

WINDOW ROCK, Ariz. - Navajo Nation President Joe Shirley Jr. said Sept. 13 that he was ''ecstatic'' at the news that the U.S Court of Appeals in Washington, D.C., has reversed a federal claims court decision and found that the U.S. Interior Department breached its trust responsibility by not disclosing critical information to the Navajo Nation regarding coal royalty negotiations with the Peabody Coal Co. in 1987.

On Sept. 13, the appeals court issued an opinion that found the Navajo Nation has a ''money mandating claim'' against the federal government, and ordered the case back to the U.S. Court of Federal Claims to reconsider the Navajo Nation's claim for $600 million in damages.

''As president of the Navajo Nation, I'm very ecstatic for my people,'' Shirley said. ''I feel like they've been doing an injustice to us all along; and right now, we're beginning to call their hand.''

Former Navajo Nation President Kelsey Begaye, whose administration filed suit against Peabody Coal in 1999, said he was also pleased at the news.

''It's very good to hear that the nation got what it had coming all this time, being neglected and not getting what it's supposed to get,'' he said. ''I'm very happy to hear this.''

The appeals court upheld the Navajo Nation's assertion that there is a substantial network of laws and regulations to establish specific trust responsibilities. It said these regulations can be interpreted to require compensation for damages sustained as a result of a breach of those duties.

''We conclude that the Nation has alleged and, based on the undisputed factual findings of the Court of Federal Claims in 'Navajo I,' has demonstrated that the government violated its common law trust duties of care, candor, and loyalty,'' the opinion states.

It said the federal government had a duty under the Navajo-Hopi Rehabilitation Act of 1950 ''to keep the Nation informed regarding the development of its coal resources,'' a duty under the Surface Mining Control and Reclamation Act of 1977 ''to provide the Nation representation in a matter related to coal mining operations,'' and a duty under the Indian Lands section of the SMCRA ''to include and enforce terms and conditions requested by the Nation.''

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complete article here

[dipsydoodle]

1. It's really nice

when the occasional bit of good news turns up.