Federal Court Invalidates Part 291 Secretarial Procedures in Pojoaque Pueblo Case

Here are the materials in State of New Mexico v. Dept. of Interior (D. N.M.):

37 Interior Motion for Summary J

39 New Mexico Motion for Summary J

40 Pojoaque Opposition

41 New Mexico Opposition

42 Interior Opposition

43 Pojoaque Reply

44 Interior Reply

46 New Mexico Reply

48 DCT Order

An excerpt:

Plaintiff State of New Mexico challenges the Department of the Interior and the Secretary of the Interior’s legal authority to implement regulations found in 25 C.F.R. § 291 (“Secretarial Procedures” or “Part 291 regulations”). The Secretarial Procedures, if adopted, would allow the Pueblo of Pojoaque to conduct Class III gaming on its reservation. New Mexico asks this Court to declare the Secretarial Procedures invalid because they conflict with the unambiguous terms of the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. § 2701 et seq. and violate New Mexico’s sovereign immunity under the Eleventh Amendment.

California Sues Chukchansi for Emergency Relief (Updated with Federal Court Closure Order)

Here is Friday’s complaint in State of California v. Picayune Rancheria of Chukchansi Indians (E.D. Cal.):

1 Complaint

An excerpt:

This action seeks emergency and other appropriate injunctive relief to prevent an imminent threat to the public health and safety. Opposing tribal groups of the Picayune Rancheria of Chukchansi Indians of California (Chukchansi) claim to constitute the tribal government and have the right to control the Chukchansi Gold Resort and Casino (Casino) located in Madera County, California. Even though the State gives deference to Chukchansi’s sovereignty to resolve its intra-tribal dispute, public health, safety, and welfare have become threatened. Supported by armed security forces, the groups have taken actions to occupy, control, or forcibly enter facilities in, adjacent to, and near the Casino located in Coarsegold, California. This is an imminent threat to the public health and safety of Chukchansi’s members, the Casino’s patrons and employees, and the State’s residents. Therefore, this Court should issue orders to protect the public, including temporarily restraining, and permanently enjoining, attempts to take control, or possession, of the Casino and related or nearby facilities, deploying armed personnel at or near the Casino, and carrying firearms at the Casino and related tribal properties; and, further prohibiting operation of the Casino unless and until it is established before this Court that the public health and safety of Casino patrons, employees, and tribal members can be adequately protected from the violent confrontations and threats of violent confrontation among the tribal factions disputing leadership of the Tribe and control of the Casino.

Update:

2-2 California Motion for TRO

2-3 Declaration

5 DCT Order Granting TRO

 

Video Detailing Drama at Chukchansi

From Fresno Bee, “Chukchansi Gold casino shut down temporarily by state, feds (video).

More news coverage here, “Chukchansi casino remains closed, tribal factions chafe over lost revenues.”

Federal Court Dismisses Slip-and-Fall Action against Wyandotte Casino in Kansas

Here are the materials in Johnson v. Wyandotte Tribe of Oklahoma (D. Kan.):

7 Wyandotte Motion to Dismiss

12 Johnson Response

15 Wyandotte Reply

19 DCT Order

An excerpt:

Plaintiff brings this personal injury action against the Wyandotte Nation for injuries she sustained when she fell down a flight of stairs at the 7th Street Casino, which is located on land held in trust by the United States for the benefit of the Wyandotte Nation. This matter comes before the Court on defendant’s Motion to Dismiss (Doc. 6). Defendant argues that the Court must dismiss plaintiff’s lawsuit because defendant, a federally recognized Indian tribe, is immune from unconsented suit and, therefore, the Court lacks subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1).1 After considering the arguments made by both parties, the Court grants defendant’s Motion to Dismiss.

NIGC Orders Chukchansi Casino to Close on October 27 unless IGRA Violations Corrected

Here is the order:

Chukchansi TCO

News coverage here: “Chukchansi casino faces closure, huge federal fines for missing audits.”

Materials in Latest Round of Contempt Proceedings against Ysleta del Sur Pueblo

Here are the new materials in State of Texas v. Ysleta del Sur Pueblo (W.D. Tex.):

423 Texas Motion for Contempt

431 Pueblo Response to Motion for Contempt

468 Pueblo Motion for Summary J

469 Texas Opposition to Motion for Summary J

470 Pueblo Reply in Support of Motion for Summary J

471 Pueblo Motion to Exclude

473 Texas Opposition to Motion to Exclude

477 Pueblo Reply in Support of motion to Exclude

483 DCT Order to Show Cause

News coverage on the show cause hearing here.

GAO Report on the Regulation of Indian Gaming

Here is “Indian Gaming: Preliminary Observations on the Regulation and Oversight of Indian Gaming.”

It’s in the news here.

State Court Challenge to Graton Rancheria Compact Fails

Here are the materials in Stop the Casino 101 Coalition v. Brown (Cal. App.):

Opinion

Stop the Casino Opening Brief

California Brief

Stop the Casino Reply Brief

NIGC Fall/Winter Internship

Deadline to apply is October 17th. Here.

The National Indian Gaming Commission’s Office of General Counsel is seeking applicants for a paid intern position for the winter/spring of 2015 in Washington, DC. The Office of General Counsel’s internship program is for students who have completed at least their first year of law school. The intern is expected to work at least 40 hours per week.

 

Brief Guest Post from Craig Dorsay on the Proposed Casino in Bremerton, WA

[In re the article posted here.] I am tribal attorney for Samish, which is mentioned prominently in the article.  The family, which is Samish, has approached the Samish Tribal Council a number of times, asking the Samish Tribe to undertake the project.  Recently the family approached the Samish Tribal Council again, now under the auspices of a California casino developer, raising the proposal again. The Samish Tribe has repeatedly declined the family’s request to pursue this project in Bremerton. Bremerton is not within or near the traditional territory of the Samish Tribe, and the land in question has never been under the governmental jurisdiction of the Samish Tribe. The nearest tribe is the Suquamish Tribe, which likely has the strongest claim to this area.  The Samish Tribe has informed the Suquamish Tribe that it is not part of this project and has no interest in being associated with it in any shape or form.

This is a difficult issue for Samish because as a tribe re-recognized under the Federal Acknowledgment Regulations, Samish has encountered great difficulty in opening its own gaming operation in its territory. Samish was opposed in re-recognition by neighboring tribes – Swinomish, Lummi, Upper Skagit and Tulalip, and those tribes continue to oppose any proposed land into trust and gaming operation by Samish.  The neighboring tribe, Swinomish, through their Chairman, Brian Cladoosby, has raised the Carcieri decision against Samish, including for gaming. While an alternative opportunity to pursue gaming farther away might be appealing, the Samish Tribe has always done the right thing and declined any offer to intrude on the territory or interests of another tribe. Craig Dorsay