Shingle Springs Petition for Review Denied

Here is the news article via Pechanga announcing the California Supreme Court’s order. And here are the briefs:

Shingle Springs Petition for Review

Answer to Petition for Review

Galanda and Broadman on Indian Gaming Transactions in Rough Times

Here: Gaming Transactions in Indian Country.

California Loses Second Slots Case in a Week

This one is San Pasqual Band v. California (S.D. Cal.). Here are the materials:

DCT Order Granting San Pasqual Motion for Summary J

San Pasqual Band Motion for Summary Judgment

California Opposition

San Pasqual Reply

The best part about this and related cases (Colusa and Rincon) is this comment from the news (via Pechanaga):

Last week, the Rincon Indian band won a lawsuit in which a second San Diego judge ruled the number of slots allowed statewide under the 1999 deal should be nearly 56,000.

The confusion stems from the fact that the cap number was expressed through a formula open to interpretation.

The actual number of slots in the state is much higher, over 60,000, because some tribes have made new deals for more machines.

Federal Court Dismisses Some of Opposition Groups Claims re: Buffalo Casino

Here are the materials in Citizens against Casino Gambling in Erie v. Hogen (W.D. N.Y.) (via Indianz):

NIGC Motion to Dismiss

CACGEC Opposition to NIGC Motion

NIGC Reply

SNI Motion to Intervene

CACGEC Opposition to SNI Motion

SNI Reply

DCT Order on Miscellaneous Relief

North County Community Alliance, Inc. v. Salazar Petition Stage Filing Complete

Here is the petition (previously posted).

Here is the cert opposition from the Solicitor General.

And here is the reply: North County Community Alliance Reply to Cert Opposition

This petition is slated for the April 16, 2010 Conference.

Op/Ed Favoring Little River Band Gaming Compact

From the Muskegon Chronicle via Pechanga:

It’s becoming more of a sure bet Muskegon County will see construction of a casino in its near future.

With the governor’s approval of amendments to the Little River Band of Ottawa Indians’ tribal compact and Fruitport Township’s and Muskegon County’s approval of the 36-page Municipal Services Agreement last week, there are only a few hurdles left.

The Chronicle Editorial Board urges our state lawmakers to shepherd the plan to build at the former Great Lakes Downs site through the Legislature. All three — representatives Mary Valentine, D-Norton Shores, and Doug Bennett, D-Muskegon Twp., and Sen. Gerald Van Woerkom, R-Norton Shores — have indicated they will support the move that could eventually create up to 1,100 new jobs in Muskegon County.

The Legislature must agree with Gov. Granholm’s approval of a change in the tribal compact and the Little River Band needs approvals from the federal Bureau of Indian Affairs and the Department of the Interior. The tribe is expected to ask that 60 acres of its 233-acre site in Fruitport Township be placed in a “trust” for casino development.

The Editorial Board also urges Congressman Pete Hoekstra, R-Holland, and U.S. senators Carl Levin, D-Detroit and Debbie Stabenow, D-Lansing to help this proposal sail through the approval process in Washington, D.C.

Federal lawmakers also should push highway officials to fund construction of an interchange at I-96 and Sternberg. The development of the interchange will be key to the continued growth of tourism and retail businesses in that area. Muskegon County has waged a 25-year campaign for the improvement and it has waited long enough.

With the construction of the casino and proper highway access, Muskegon County could become a year-round tourism destination, a definite boost in efforts to diversify the area economy and create permanent jobs in business serving casino visitors.

However, the Editorial Board continues to draw the line against a casino in downtown Muskegon or multiple casinos in the county.

Continue reading

Federal Court Increases Slot Machine Pool in California to 55,000+

Here are the materials in Rincon Band v. Schwarzeneggar:

DCT Order Granting Additional Slot Machines

Rincon Motion for Partial Summary J

Cali Opposition re Motion for Partial Summary J

Rincon Reply

News article here, via Pechanga.

New Paper by Alex Skibine: “Indian Gaming and Cooperative Federalism”

Alex Skibine has posted his paper, “Indian Gaming and Cooperative Federalism,” forthcoming in the Arizona State Law Journal, on SSRN (also available on BEPress).

Here is the abstract:

In this article I evaluate the role of the federal Indian trust relationship in integrating, without assimilating, Indian tribes in our federalist system. I explore these issues through the lens of Indian gaming and implementation of the Indian Gaming Regulatory Act.

Native America Calling Carcieri Radio Show Archived

Monday, March 22, 2010– The Carcieri Fix: (listen)
Last year the Supreme Court ruled in Carcieri v. Salazar that language in the 1934 Indian Reorganization Act does not allow the Interior Secretary to take land into trust for the Narragansett Tribe of Rhode Island because the tribe was not federally recognized in 1934. Tribal leaders immediately turned to their allies in Congress to pass a “Carcieri Fix” – a bill that would reverse the court’s decision. But the fix has not been passed. Does Indian Country have the clout to pull it off? Guests are Matthew Fletcher (Grand Traverse Band of Ottawa/Chippewa) of the Michigan State University College of Law and Jason Giles (Muscogee Creek) Deputy Executive Director/National Indian Gaming Association.

Tohono O’odham Nation v. Salazar Complaint and Materials

This involves off-reservation gaming in Glendale, Arizona (Indianz article here).

Here:

TON v. Salazar Complaint

TON Motion for Summary Judgment