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SALT RIVER PROJECT AGR. IMP. AND POWER v. LEE

No. 10-17895.

672 F.3d 1176 (2012)

SALT RIVER PROJECT AGRICULTURAL IMPROVEMENT AND POWER DISTRICT, a municipal corporation and political subdivision of the State of Arizona and Headwaters Resources, Inc., a Utah corporation, Plaintiffs-Appellants, v. Reynold R. LEE; Casey Watchman; Woody Lee; Peterson Yazzie; Evelyn Meadows; Herb Yazzie, Honorable; Louise G. Grant, Honorable; Eleanor Shirley, Honorable; Leonard Thinn; Sarah Gonnie, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 15, 2012.

Attorney(s) appearing for the Case

John J. Egbert (argued) and Paul G. Johnson of Jennings, Strouss & Salmon, P.L.C., Phoenix, AZ, for plaintiff-appellant Salt River Project Agricultural Improvement and Power District.

Lisa M. Coulter, Snell & Wilmer, LLP, Phoenix, AZ, for plaintiff-appellant Headwater Resources, Inc.

Philip R. Higdon (argued), Rhonda L. Barnes, and Jessica J. Berch, Perkins Coie LLP, Phoenix, AZ, for defendants-appellees Reynold R. Lee, Casey Watchman, Woody Lee, Peterson Yazzie, Evelyn Meadows, Honorable Herb Yazzie, Honorable Louise G. Grant, and Honorable Eleanor Shirley.

David R. Jordan, the Law Offices of David R. Jordan, PC, Gallup, NM, for defendants-appellees Leonard Thinn and Sarah Gonnie.

Before: A. WALLACE TASHIMA and BARRY G. SILVERMAN, Circuit Judges, and MARVIN J. GARBIS, Senior District Judge.

OPINION

SILVERMAN, Circuit Judge:

Two non-Indian entities brought this action to enjoin Navajo Nation tribal officials from applying tribal law to them in tribal courts. They claim that both their contract with the tribe and federal law deprive tribal officials of authority to regulate them. This appeal presents the question whether the Navajo Nation itself—which enjoys sovereign immunity and cannot be sued—is a necessary (and if so, indispensable...

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