Navajo Nation prevails in US Court of Appeals affirmation of tribal sovereign immunity
By The Navajo Times
WINDOW ROCK
The U.S. Court of Appeals for the Tenth Circuit upheld a ruling by a U.S. district court in favor of the Navajo Nation, the State of New Mexico, and the United States. In an unpublished order issued on Nov. 14, the Tenth Circuit affirmed the district court’s dismissal of the case on the grounds of sovereign immunity.
The lawsuit had been filed by several water users in New Mexico who alleged violations of federal water law. The plaintiffs sought to challenge the validity of the San Juan Basin general stream adjudication and the Navajo Nation’s water rights. In response, the Nation filed a motion to dismiss the case, and the district court ruled in its favor, dismissing the claims on sovereign immunity grounds.
On appeal, the Navajo Nation argued that sovereign immunity shields it from the broad and vague claims raised by the plaintiffs. It is well-established that, as a sovereign entity, a tribal nation possesses inherent immunity from lawsuits. The Tenth Circuit upheld the Nation’s sovereign immunity, noting that tribes are generally immune from suit unless there is a clear waiver of immunity by the tribe or an act of Congress explicitly abrogating it. The court found no such waiver in this case.
President Buu Nygren expressed gratitude for the ruling, stating, “We are thankful to the Tenth Circuit for honoring Navajo sovereignty.”
Navajo Nation Attorney General Ethel Branch added, “The Navajo Nation Department of Justice is committed to defending the Nation’s sovereignty and water rights. This decision is yet another important litigation victory against unfounded attempts to diminish the Navajo’s sovereignty.”
Highway 264,
I-40, WB @ Winslow