Split Ninth Circuit Panel Affirms Gila River Indian Community v. United States

Here is today’s opinion.

An excerpt:

This case illustrates the nuances of our federalist system of government, pitting Indian tribe against Indian tribe, and State and local governments against the federal government and an Indian tribe. The City of Glendale and various other parties (“Glendale”) seek to set aside the Department of the Interior’s decision to accept in trust, for the benefit of the Tohono O’odham Nation (“the Nation”), a 54-acre parcel of land known as Parcel 2. The Nation hopes to build a destination resort and casino on Parcel 2, which is unincorporated county land, entirely surrounded by the City of Glendale. To say this plan has been controversial is an understatement. But the strong feelings and emotional drama of the casino fight do not dictate the outcome here. This appeal relates only to the status of the land as trust land and does not involve the particulars of Indian gaming, which are the subject of separate proceedings and pending legislation. The district court granted summary judgment for the government after concluding that the Secretary of the Interior reasonably applied the Gila Bend Indian Reservation Lands Replacement Act (“Gila Bend Act”), and that the Act did not violate the Indian Commerce Clause or the Tenth Amendment. We affirm.

Briefs here.

Lower court materials here.

State of Michigan Sues Sault Tribe over Lansing Casino Proposal

Here are the materials in State of Michigan v. Sault Ste. Marie Tribe of Chippewa Indians (W.D. Mich.):

Complaint

State Motion PI

State Brief PI

State Brief PI Ex A Compact

State Brief PI Ex B Resolution

State Brief PI Ex C CDA

State Brief PI Ex D Letter

State Brief PI Ex E Web page

State Brief PI Ex F Gaming Ordinance

Breaking: Michigan SCT Tosses Casino Proposal — UPDATED

Ok, the incredible saga is over (?). There will be no ballot measure in November proposing to add eight new casinos. More details when we get them.

UPDATE: News coverage here and here.

The opinion is here.

Available Briefs in Michigan Case re: Casino Ballot Proposal

The case is Citizens for More Michigan Jobs v. Secretary of State:

Plaintiffs-Appellants’ Application for Leave to Appeal>>

Intervening Defendant Protect MI Constitution’s Brief in Opposition to Application for Leave to Appeal>>

Attorney General Bill Schuette’s Amicus Curiae Brief>>

William Birdseye and The Police Officers Association of Michigan’s Amici Curiae Brief>>

Gov. Brown Concurs in Two 2-Part Determinations

Governor Brown Concurs with U.S. Department of the Interior Decision, Signs Compact with North Fork Rancheria http://gov.ca.gov/news.php?id=17700
Governor Brown Concurs with U.S. Department of the Interior Decision, Signs Compact with Enterprise Rancheria http://gov.ca.gov/news.php?id=17699

Cherokee Nation Challenge to United Keetoowah Band Trust Acquisition

Here:

Cherokee v Salazar Complaint

2012 ILPC Annual Conference–Off Reservation Gaming in Michigan

October 19th, at the Law College in East Lansing.

Registration here.

Schedule & additional details here.


Poster by Ken Akini, ILPC Fellow.

Beadwork by Mary Hemenway, Little Traverse Bay Bands of Odawa Indians

Article on Pokagon Band’s Development in Northern Indiana

Here.

The plan submitted to the federal Bureau of Indian Affairs also proposes a casino, hotel, meeting space and parking garage, although Pokagon Band chairman Matt Wesaw said the tribe’s focus was on providing services for about 500 members living in the area.

“There’s no time frame for the casino yet. It’s not really on the burner,” Wesaw told the South Bend Tribune for a story Wednesday.

The tribe opened its Four Winds Casino in New Buffalo, Mich., about 30 miles from South Bend, five years ago. It has since opened a smaller satellite casino in Hartford, Mich., and is preparing to open another in Dowagiac, Mich.

“We’ve accomplished a fair amount of stuff for our citizens who live in the state of Michigan,” Wesaw told WNDU-TV. “It is now time to be in a position to provide those services for our citizens who live in the service area in Indiana.”

Update in Clark County v. Salazar — DCT Denies Remand to Interior

Here are the new materials in Clark County v. Salazar (D. D.C.):

Interior Amended Motion for Remand

Clark County Opposition to Remand

Interior Reply

DCT Order Denying Remand

Clark County’s motion for summary J is here.

GTB Press Release on 2% Payments

Here (pdf).