CDQ Attorneys Obtain Dismissal of High Profile Declaratory Judgment

Dan Dowd and Kaysey Fung successfully obtained dismissal of a high-profile declaratory judgment action filed in federal district court by The Hopi Tribe, the United Mine Workers of America, and Peabody Western Coal against the Central Arizona Water Conservation District.  The plaintiffs sought an injunction ordering CAWCD to purchase and obtain the electrical power for the Central Arizona Project water delivery system from the Navajo Generating Station.  U.S. District Judge Steven Logan dismissed the Complaint accepting CAWCD’s arguments that the court lacked subject matter jurisdiction over the plaintiffs’ claims, finding that they had failed to meet their burden to show an injury in fact, to establish traceability or to establish redressability.  A judgment of dismissal in favor of CAWCD was entered in July 2019.