Oklahoma Federal Court Dismisses Zombie Challenge to Gaming Compacts

Here are updated materials in Cherokee Nation v. Stitt, now captioned Wichita & Affiliated Tribes v. Stitt (W.D. Okla.):

Prior post here.

Prevailing Tribes Seek More than One Million in Attorney Fees against California

Briefs:

Motion for Attorney Fees

Opposition

Reply

Prior post here.

Washington Federal Court Dismisses Constitutional Challenge to Washington Class III Compacts Allowing Tribal Sports Betting

DALL-E’s interpretation of “tribal sovereign immunity”

Here is the order in Maverick Gaming LLC v. United States (W.D. Wash.):

Briefs here.

Interior Proposes New Fee-to-Trust Regs and New Class III Compact Process Regs, Parts 151 and 293

Here.

From the notice:

The Department of the Interior (Department) invites Tribal Leaders to consult on the Notice of Proposed Rulemaking (NPRM) for the Department’s Land Acquisition regulations, 25 CFR Part 151, and the NPRM for the Department’s Class III Tribal State Gaming Compact Process, 25 CFR Part 293.

25 CFR Part 151, Land Acquisition

Since the Department first promulgated these regulations in 1980, it has developed extensive experience in the fee-to-trust acquisition process.  Relying on that experience and input from Tribes, this proposed rule seeks to make the fee-to-trust process more efficient, simpler, and less expensive to support restoration of Tribal homelands.

25 CFR Part 293, Class III Tribal State Gaming Compact Process

The Department is developing proposed updates to Part 293 to provide clear guidance regarding the Secretary’s review and evaluation process for Tribal-State class III gaming compacts.  The current regulations do not identify the factors the Department considers; rather, those factors are contained in a series of decision letters issued by the Department since the enactment of the Indian Gaming Regulatory Act in 1988.  Recent and ongoing litigation highlights the need for the Department to clarify how it will review or analyze gaming compacts to determine whether they comply with federal law. 

Tribal Consultation

The Department will conduct two virtual consultation sessions and one in-person consultation to obtain further Tribal input on the Part 151 NPRM and the Part 293 NPRM.  The consultation sessions will be open to Tribal leadership and representatives of federally recognized Indian Tribes and Alaska Native Corporations.  Please join us at one or more of the following consultations sessions.

If you would like to provide written comments, please email them to consultation@bia.gov by 11:59 p.m. EST on Wednesday, March 1, 2023.

Parties Renew Motions for Summary Judgment in Sault Tribe Bid for Detroit-Area Casino

Here are the new materials in Sault Ste. Marie Tribe of Chippewa Indians v. Haaland (formerly Bernhardt, Zinke, etc.) (D.D.C.):

Time to rumble.

103 Federal Reply

104 Tribes Reply

This case is on remand from the D.C. Circuit.

D.C. Federal Court Dismisses Suits Attacking United Keetoowah and Kialegee Compacts, Allows Suits Against Comanche and Otoe-Missouria to Proceed

Here are the materials in Cherokee Nation v. Dept, of the Interior (D.D.C.):

Prior post here.

Kablooey

Update in Maverick Gaming Challenge to IGRA — New Venue and Rule 19 Motion to Dismiss

Here are the new materials in Maverick Gaming LLC v. United States (W.D. Wash.):

97 Reply

Prior post here.

Shoalwater Bay is serious.

Split Eighth Circuit Reverses State Tax Preemption Judgment Favoring Flandreau Santee Sioux

Here is the opinion in Flandreau Santee Sioux Tribe v. Houdyshell.

Briefs here.