IGRA – Page 39 – Turtle Talk

Plaintiff State of New Mexico challenges the Department of the Interior and the Secretary of the Interior’s legal authority to implement regulations found in 25 C.F.R. § 291 (“Secretarial Procedures” or “Part 291 regulations”). The Secretarial Procedures, if adopted, would allow the Pueblo of Pojoaque to conduct Class III gaming on its reservation. New Mexico asks this Court to declare the Secretarial Procedures invalid because they conflict with the unambiguous terms of the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. § 2701 et seq. and violate New Mexico’s sovereign immunity under the Eleventh Amendment.

California Sues Chukchansi for Emergency Relief (Updated with Federal Court Closure Order)

October 13, 2014October 14, 2014Matthew L.M. Fletcher3 Comments

Here is Friday’s complaint in State of California v. Picayune Rancheria of Chukchansi Indians (E.D. Cal.):

1 Complaint

An excerpt:

This action seeks emergency and other appropriate injunctive relief to prevent an imminent threat to the public health and safety. Opposing tribal groups of the Picayune Rancheria of Chukchansi Indians of California (Chukchansi) claim to constitute the tribal government and have the right to control the Chukchansi Gold Resort and Casino (Casino) located in Madera County, California. Even though the State gives deference to Chukchansi’s sovereignty to resolve its intra-tribal dispute, public health, safety, and welfare have become threatened. Supported by armed security forces, the groups have taken actions to occupy, control, or forcibly enter facilities in, adjacent to, and near the Casino located in Coarsegold, California. This is an imminent threat to the public health and safety of Chukchansi’s members, the Casino’s patrons and employees, and the State’s residents. Therefore, this Court should issue orders to protect the public, including temporarily restraining, and permanently enjoining, attempts to take control, or possession, of the Casino and related or nearby facilities, deploying armed personnel at or near the Casino, and carrying firearms at the Casino and related tribal properties; and, further prohibiting operation of the Casino unless and until it is established before this Court that the public health and safety of Casino patrons, employees, and tribal members can be adequately protected from the violent confrontations and threats of violent confrontation among the tribal factions disputing leadership of the Tribe and control of the Casino.

Update:

2-2 California Motion for TRO

2-3 Declaration

5 DCT Order Granting TRO