Here are the materials in Stop the Casino 101 Coalition v. Brown (Cal. App.):
gaming
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
California COA Holds that Governor’s Concurrence under IGRA Does Not Trigger CEQA Review
Here is the opinion in Picayune Rancheria of Chukchansi Indians v. Brown:
We don’t have all the briefs, but here is what we do have:
NP Fresno Land Acquisitions Brief
Friends of Amador County v. Jewell Cert Petition
Here:
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
Here are the new materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):
Tribal family’s quest to build casino in Bremerton faces hurdles, foes | Local News | The Seattle Times
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.
Federal Court Grants Summary Judgment in Gaming Management Contract Matter
Here are the materials in Bettor Racing Inc. v. National Indian Gaming Commission (D. S.D.):
53 Bettor Motion for Summary J
Ninth Circuit to Video Stream En banc Arguments in Big Lagoon Rancheria Gaming Matter (Sept. 17, 2014)
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
Here are the updated materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):
35 DCT Order Staying Proceedings
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.
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