Hopi TVibe v. EPA

摘要

Federal government did not violate duty to consult with Indian tribe in developing proposed rule for Clean Air Act federal implementation plan that established nitrogen oxide emission caps and shutdown date for power plant to address regional haze, because: (1) even though federal government has general trust duty with tribes, agencies must be named individually as parties in lawsuits; (2) Environmental Protection Agency consulted with tribe throughout rulemaking process; (3) even if Interior Department violated independent duty to consult in excluding tribe from technical working group that developed proposed rule, tribe did not name department as party in lawsuit; (4) trust duty does not require government to put tribe's interests above all others; and (5) government was not required to analyze best available retrofit technology factors in developing BART alternative that achieves greater reasonable progress in addressing regional haze.