WINDOW ROCK, Ariz. —  District Court of Arizona issued an Order in Carter v. Washburn, dismissing a complaint filed by the Goldwater Institute challenging the constitutionality of the Indian Child Welfare Act March 16.

The Goldwater Institute filed a Complaint alleging that specific provisions of ICWA were unconstitutional due to their reliance on the child’s enrollment or eligibility for enrollment in an Indian tribe. Among those provisions were the provisions related to Adoptive Placement Preference, Jurisdiction-Transfer, and Higher Evidentiary Standards for Termination of Parental Rights.

While the Complaint originally named the U.S. Department of Interior and Arizona...

WINDOW ROCK, Ariz. — On March 20, the United States Court of Appeals for the Ninth Circuit issued an Order denying all of the petitions challenging the United States Environmental Protection Agency’s Federal Implementation Plain  for the Navajo Generating Station. The Ninth Circuit found that the USEPA’s decision was within its discretion, and the FIP is consistent with the requirements of the Clean Air Act to reduce regional haze.

The FIP was originally promulgated with the help of various NGS stakeholders, known as the technical working group. The TWG’s goal was to balance environmental regulation with the benefits—jobs, revenue, and power—that NGS provides.

The Navajo...

A Gallup man remained jailed March 17 at the McKinley County Adult Detention Center on a $25,000 cash bond that relates to murder and tampering with evidence charges, according to an arrest warrant.

According to the warrant, Daniel Martinez, 42, who goes by various aliases, such as “’Artemo’ or ‘Artemio’... did kill Jose Alfredo Morales and did destroy hide or place with the intent to prevent apprehension or prosecution, “ the arrest affidavit, in part, reads.

Both crimes are felonies and punishable by life in prison taken together. The matter stems from a Nov. 9 incident in which a relative went to the trailer home of Morales located at Chaparral Mobile Home Park, 1501 W...

Appellant can appeal to District Court

The Gallup City Council unanimously denied a local business owner a request on appeal to set up a used car lot at a location along West Historic Highway 66 and near the heart of downtown.

The action took place during a public hearing at the March 16 city council meeting and after the city’s planning and zoning department denied a similar request.

Gallup Planning and Development Director C.B. Strain introduced the matter to council members, saying Nafiz Abusufiah, the appellant, petitioned the planning and zoning commission Jan. 11 to consider the approval of a conditional use permit to operate an automobile and truck sales business.

The...