IGRA – Page 40 – Turtle Talk

Federal Court Invalidates Part 291 Secretarial Procedures in Pojoaque Pueblo Case

October 20, 2014Matthew L.M. Fletcher2 Comments

Here are the materials in State of New Mexico v. Dept. of Interior (D. N.M.):

37 Interior Motion for Summary J

39 New Mexico Motion for Summary J

40 Pojoaque Opposition

41 New Mexico Opposition

42 Interior Opposition

An excerpt:

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

NIGC Orders Chukchansi Casino to Close on October 27 unless IGRA Violations Corrected

October 8, 2014Matthew L.M. Fletcher

Here is the order:

Chukchansi TCO

News coverage here: “Chukchansi casino faces closure, huge federal fines for missing audits.”

Materials in Latest Round of Contempt Proceedings against Ysleta del Sur Pueblo

October 7, 2014Matthew L.M. Fletcher1 Comment

Here are the new materials in State of Texas v. Ysleta del Sur Pueblo (W.D. Tex.):

423 Texas Motion for Contempt

431 Pueblo Response to Motion for Contempt

468 Pueblo Motion for Summary J

469 Texas Opposition to Motion for Summary J

470 Pueblo Reply in Support of Motion for Summary J

471 Pueblo Motion to Exclude

473 Texas Opposition to Motion to Exclude

477 Pueblo Reply in Support of motion to Exclude

483 DCT Order to Show Cause

News coverage on the show cause hearing here.

State Court Challenge to Graton Rancheria Compact Fails

October 6, 2014October 6, 2014Matthew L.M. Fletcher1 Comment

Here are the materials in Stop the Casino 101 Coalition v. Brown (Cal. App.):

Opinion

Stop the Casino Opening Brief

California Brief

Stop the Casino Reply Brief

California COA Holds that Governor’s Concurrence under IGRA Does Not Trigger CEQA Review

September 26, 2014Matthew L.M. Fletcher

Here is the opinion in Picayune Rancheria of Chukchansi Indians v. Brown:

Chukchansi 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

September 26, 2014September 30, 2014Matthew L.M. Fletcher1 Comment

Here:

FAC Cert Petition FILED

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

September 26, 2014Matthew L.M. Fletcher1 Comment

Here are the new materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):

42-1 Motion to Stay Pending Appeal

48 Response

50 Reply

57 DCT Order

Prior posts here, here, and here.

Tribal family’s quest to build casino in Bremerton faces hurdles, foes | Local News | The Seattle Times

September 24, 2014September 24, 2014Ann Tweedy1 Comment

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.

Here