Federal Court Enjoins Enforcement of Navajo Employment Preference Law against Salt River Project

Here are the materials in Salt River Project Agricultural Improvement & Power District v. Lee (D. Ariz.):

DCT Order Granting Salt River Project Motion

Salt River Project Motion for Summary J

Navajo Cross-Motion

Salt River Project Reply

Navajo Reply

This case is on remand from the Ninth Circuit, materials here.

For more background on the Navajo Preference in Employment Act, see Howard Brown and Ray Austin’s excellent article here.

This entry was posted in Author: Matthew L.M. Fletcher, economic development, Research, Tribal Codes and tagged , , , , , , , , . Bookmark the permalink.

2 Responses to Federal Court Enjoins Enforcement of Navajo Employment Preference Law against Salt River Project

  1. vance gillette says:

    judge teilborg wrote an idiotic opinion, which is wrong. The l968 contract plainly sets out the tribe has work preference for members in employment. The court misapplied the Montana test and will be reversed, or should be.

    this is a feast for defense attorneys who will rack up serious bucks on
    attorney fees. yeah

    vance gillette indian attorney in no dakota

    • Idiotic goes way too far. Seems to me the employees have a contract breach cause of action against the Project, and it’ll be litigated in tribal court. The federal court did say the tribal assertion of jurisdiction met the Montana 2 test.

      Maybe it would have been nice for the court to apply the canon of construction favoring tribes here, especially if the bargaining power and historical context of the 1969 lease came into play.

      As is, though, those plaintiff lawyers might still get their payday.

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