gaming

California COA Holds that Governor’s Concurrence under IGRA Does Not Trigger CEQA Review

Matthew L.M. Fletcher

Here is the opinion in Picayune Rancheria of Chukchansi Indians v. Brown:

Chukchansi v Brown

We don’t have all the briefs, but here is what we do have:

California Brief

California DOT Brief

Madera City Brief

Madera County Brief

NP Fresno Land Acquisitions Brief

 

Friends of Amador County v. Jewell Cert Petition

Matthew L.M. Fletcher1 Comment

Here:

FAC Cert Petition FILED

Question presented:

Whether, in an action by a third party against the Secretary of the Interior under the Administrative Procedure Act, 5 U.S.C. 551 et seq., a putative Indian tribe may invoke its sovereign immunity to prevent a court from reviewing the lawfulness of the Secretary’s decision to recognize it as a tribe.

Lower court materials here.

Stay Pending Appeal Denied in Coeur d’Alene Gaming Dispute

Matthew L.M. Fletcher1 Comment

Here are the new materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):

42-1 Motion to Stay Pending Appeal

48 Response

50 Reply

57 DCT Order

Prior posts here, here, and here.

Tribal family’s quest to build casino in Bremerton faces hurdles, foes | Local News | The Seattle Times

Ann Tweedy1 Comment

Here’s an interesting article about a family’s attempt to develop a casino on an allotment they own off-reservation in Bremerton, Washington. The allotment was originally issued to a Quinault tribal member but her descendants, who currently own it, are Samish.

Here

Federal Court Grants Summary Judgment in Gaming Management Contract Matter

Matthew L.M. Fletcher1 Comment

Here are the materials in Bettor Racing Inc. v. National Indian Gaming Commission (D. S.D.):

53 Bettor Motion for Summary J

57-1 NIGC Cross Motion

59 Flandreau Cross Motion

62 Bettor Response to Flandreau

64 Bettor Response to NIGC

67 Flandreau Reply

68 NIGC Reply

71 DCT Order

Prior posts with materials here and here.

Ninth Circuit to Video Stream En banc Arguments in Big Lagoon Rancheria Gaming Matter (Sept. 17, 2014)

Matthew L.M. Fletcher

Here is the news release. An excerpt:

On Wednesday, September 17, 2014, beginning at 10 a.m., the court will hear oral arguments in Big Lagoon Rancheria v. State of California, in which the state appeals the summary judgment by the U.S. District Court for the Northern District of California in favor of Big Lagoon Rancheria, an Indian reservation near Eureka.  The lower court determined that the state violated the Indian Gaming Regulatory Act by failing to negotiate in good faith for a tribal-state gaming compact.

Here is the panel: Alex Kozinski, Harry Pregerson, Stephen Reinhardt, Diarmuid O’Scannlain, Susan Graber, William Fletcher, Richard Paez, Jay S. Bybee, Milan Smith, Morgan Christen, and Jacqueline Nguyen

En banc materials here.

Panel materials here.

Federal Court Enjoins Texas Hold ‘Em Poker at Coeur d’Alene Tribe

Matthew L.M. Fletcher2 Comments

Here are the updated materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):

33 Tribe Reply

35 DCT Order Staying Proceedings

40 DCT Order

An excerpt:

The Court has before it Defendant Coeur d’Alene Tribe’s Motion to Dismiss (Dkt. 15) and Plaintiff the State of Idaho’s Motion for a Temporary Restraining Order and for a Preliminary Injunction (Dkts. 3, 4). The Court previously stayed this lawsuit based on the Tribe’s argument that the parties had agreed to arbitrate this dispute. See June 23, 2014 Order, Dkt. 35. Afterward, the Tribe changed its mind and decided it would prefer to litigate. The Court will therefore address the pending motions. For the reasons expressed below, the Court will deny the Tribe’s motion to dismiss and grant the State’s motion for injunctive relief.

Prior materials here. H/t Pechanga.

Update in Massachusetts Suit over Gaming on Martha’s Vineyard

Matthew L.M. Fletcher1 Comment

Here are the new materials in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (D. Mass.):

37 Aquinnah Community Association Motion to Intervene + Proposed Complaint

39 Town of Aquinnah Motion to Intervene

41 Wampanoag Opposition to Town Motion

42 Wampanoag Opposition to Community Association Motion

48 Town Reply

50 Aquinnah Reply

60 Tribe Motion to Dismiss

62 Tribe Rule 19 Motion to Dismiss

Prior posts here and here.

Update in Massachusetts Suit over Gaming on Martha’s Vineyard

Matthew L.M. Fletcher

Here are the new materials in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (D. Mass.):

37 Aquinnah Community Association Motion to Intervene + Proposed Complaint

39 Town of Aquinnah Motion to Intervene

41 Wampanoag Opposition to Town Motion

42 Wampanoag Opposition to Community Association Motion

48 Town Reply

50 Aquinnah Reply

60 Tribe Motion to Dismiss

62 Tribe Rule 19 Motion to Dismiss

Prior posts here and here.

NPR Story on Cigarette Smoking Prevention Policies on Reservations

Kate Fort

Here.

Walking onto the gaming floor at the Twin Arrows Casino near Flagstaff, Ariz., is a sensory-rich experience, with winning bells and slot machine jingles a constant. But in addition to hearing the sounds of the gaming floor, visitors also smell cigarette smoke.

The Smoke-Free Arizona Act doesn’t apply to this casino, located just inside the southern borders of the Navajo Nation. That means smoking in an enclosed public space is legal.

But in some communities on the reservation, that’s beginning to change. Dozens of Navajo Nation communities passed local clean air resolutions this year. The measures ban tobacco use in government buildings and workplaces.

The Oso Vista Ranch Project, a youth development organization in northwestern New Mexico, is working to prevent Native American youth from smoking. In May, the group persuaded the Crownpoint chapter to ban smoking in public buildings, making it the first Navajo government entity to do so.