As reported earlier, here is the amendment to the Bay Mills Indian Community settlement agreement executed last November.
gaming
Written Testimony from House Resources Hearing re: Off-Rez Gaming
Abramoff-Style Media Assault on Port Huron/Flint/Romulus Deal
From the Port Huron Times Herald:
Casino foes launch blitzes in Detroit, D.C.
A media blitz aimed at rallying opposition to proposed casinos in Port Huron and Romulus is being orchestrated by a public-relations consultant who has worked for some of the biggest names in Democratic politics.
Peter Ragone III confirmed he is president of the newly created Americans for Gaming Reform Inc., which has launched a radio campaign in Detroit and bought a full-page ad Tuesday in Roll Call, a newspaper that covers Capitol Hill.
News Coverage of House Hearing on Port Huron/Romulus Indian Land Claims Settlement: “Scam”?
From the Detroit Free Press:
During his testimony before the House Natural Resources Committee, Kilpatrick seemed at ease, defending his city from incursions he said no one should doubt would hurt Detroit’s three casinos.
“We’re pitting Port Huron against Romulus against Detroit,” he told the committee, with his mother, Rep. Carolyn Cheeks Kilpatrick, looking on.
Split in State Court Authority on Whether Casino Dram Shop Actions are Barred by Tribal Sovereign Immunity
As Trent noted, the Oklahoma Supreme Court held 7-2 that dram shop actions filed against tribal casino operations are not barred by tribal sovereign immunity in Bittle v. Bahe. This decision conflicts with decisions of other state courts, including those of Arizona (Filer v. Tohono O’odham Nation), Texas (Holguin v. Ysleta del Sur Pueblo), and Washington (Foxworthy v. Puyallup). And, as we know by reading Rule 10 of the United States Supreme Court rules, the Supreme Court is predisposed toward hearing cases in which there is a split of lower court authority involving an important federal question.
This may be a troubling development, though perhaps not as a result of this case. If the tribe refuses to petition the Supreme Court for certiorari, then this case will be over. Moreover, even if the tribe petitions, the Court might let this one go because of lower court outcome isn’t troublesome to the Court.
Cal. Voters Approve Tribal Gaming Compacts
From Indianz:
California voters approve gaming compacts
Four California tribes won resounding support for their gaming compacts on Tuesday.
NIGC Releases Economic Study of Proposed Class II Regulations
NIGC Releases Economic Impact Study for Proposed Class II Regulations
WashingtonDC, February 1, 2008 — The National Indian Gaming Commission (NIGC) today released an economic impact study in connection with its recently proposed Class II gaming regulations. The study was prepared by Dr. Alan Meister of the Analysis Group and follows a November 2006 study he did for the Commission on an earlier proposal.
Fletcher Op/Ed on the Off-Reservation Market
From Indian Country Today:
Tribes’ economic plans stifled by policy
© Indian Country Today February 01, 2008. All Rights Reserved
Posted: February 01, 2008 by: Matthew L.M. Fletcher
The region where the city of Detroit now rests used to be, centuries ago, a major trading market for the Anishinaabe and Haudenosaunee peoples and others. A permanent community of Indian people from all around lived in the vicinity and thrived off of the marketplace, while most Indians who traded there would travel to the market periodically from their homelands. There are places like this all over North America, such as Chaco Canyon in New Mexico.
House Resources Committee Meeting re: BMIC and Sault Tribe Land Claims Settlement Bills — Feb. 6
The House Natural Resources Committee, led by Chairman Nick J. Rahall (D-WV), will hold a legislative hearing on the following bills:
- H.R. 2176 (Stupak): To provide for and approve the settlement of certain land claims of the Bay Mills Indian Community.
- H.R. 4115 (Dingell): To provide for and approve the settlement of certain land claims of the Sault Ste. Marie Tribe of Chippewa Indians.
Kansas v. Kempthorne & Wyandotte Nation — Revised CA10 Opinion
The Tenth Circuit granted the government’s motion for rehearing and issued a revised opinion.
CA10 Panel Decision (pre-rehearing)
Turtle Talk 
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