IGRA – Page 36 – Turtle Talk

Apparently, the Halftown faction (the plaintiffs here) is continuing the fight for gaming, while the Unity Council group has been dismissed from the case. We posted materials on this case here.

Federal Court Declines to Dismiss California v. Iipay Nation

June 8, 2015June 9, 2015Matthew L.M. Fletcher1 Comment

Here are the materials in State of California v. Iipay Nation of Santa Ysabel (S.D. Cal.):

15-1 Iipay Nation Motion to Dismiss

18 California Response

19 Iipay Nation Reply

24 DCT Order Denying Motion to Dismiss

TRO stage materials are here.

GAO Issues Report Expressing Concern over Regulation of Indian Gaming

June 5, 2015Matthew L.M. Fletcher

Here is “Regulation and Oversight by the Federal Government, States, and Tribes.”

Ninth Circuit Sitting En Banc Rules in Favor of Big Lagoon Rancheria in Gaming Dispute with California

June 4, 2015Matthew L.M. Fletcher1 Comment

Here is the opinion in Big Lagoon Rancheria v. State of California:

10-17803

From the court’s syllabus:

The en banc court affirmed the district court’s summary judgment in favor of a tribe that alleged that the State of California had failed to negotiate in good faith for a gaming compact under the Indian Gaming Regulatory Act for Class III gaming on a parcel of land taken into trust for the tribe by the Bureau of Indian Affairs.

Rejecting California’s argument that the tribe lacked standing to compel it to negotiate in good faith under the IGRA, the en banc court held that the State’s argument amounted to an improper collateral attack on the BIA’s decisions to take the parcel of land into trust and to designate the tribe as a federally recognized Indian tribe. The en banc court held that the district court did not abuse its discretion in failing to grant a continuance for additional discovery under Fed. R. Civ. P. 56(f).

The en banc court dismissed the tribe’s cross-appeal as moot.

Links to oral argument and briefs here.