EXPLORING THE INDISPENSABLE PARTY: A SURVEY OF COMMON CONTEXTS FOR RULE 19 CLAIMS

摘要

Although Rule 19 claims can arise in virtually any category of case, they have a particularly prominent expression in natural resource disputes. Cases involving natural resources commonly involve a great number of interests, represented by many parties. A recent Ninth Circuit case that is currently pending certiorari by the Supreme Court is an excellent example. In Dine Citizens Against Ruining Our Environment v. Bureau of Indian Affairs, an environmental group brought suit against the federal government for its issuance of various permits to the Navajo Nation for coal mining activities. The Ninth Circuit held that the case must be dismissed under Rule 19 because Navajo Nation was an indispensable party that could not be joined due to sovereign immunity. This case involved matters regarding real property, contracts, corporations, and prompted my research into common contexts for Rule 19 cases. Exploration of five common categories of cases in which Rule 19 claims arise provides insight into not only environmental cases but help elucidate a seemingly unpredictable area of law.