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

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

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

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:

California Brief

California DOT Brief

Madera City Brief

Madera County Brief

NP Fresno Land Acquisitions Brief

 

Friends of Amador County v. Jewell Cert Petition

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

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

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

Federal Court Grants Summary Judgment in Gaming Management Contract Matter

Here are the materials in Bettor Racing Inc. v. National Indian Gaming Commission (D. S.D.):

53 Bettor Motion for Summary J

57-1 NIGC Cross Motion

59 Flandreau Cross Motion

62 Bettor Response to Flandreau

64 Bettor Response to NIGC

67 Flandreau Reply

68 NIGC Reply

71 DCT Order

Prior posts with materials here and here.

Big Lagoon En Banc Oral Argument Materials

Here is “Small Native American Tribe and U.S. Duke It Out at the 9th Circuit.”

This seems like a misleading headline since the tribe and Feds were on the same side. In short, argument seemed to go well for tribal interests.

You can access the argument here.

Materials here.

Eleventh Circuit Briefs in Alabama v. PCI Gaming

Here:

Alabama Opening Brief

State of Michigan et al. Amicus Brief

PCI Gaming Brief

US Amicus Brief

USET Amicus Brief

Alabama Reply

Lower court materials here.

Colorado Law Symposium on Bay Mills Decision

Wenona Singel and I are delighted and honored to speak at Colorado’s symposium on Michigan v. Bay Mills Indian Community. Thanks to Rick Collins, Sarah Krakoff, Carla Fredericks, Kristen Carpenter, and the rest of the great people at CU.

In honor of the Michigan-centric character if this symposium, it snowed in Boulder.

IMG_2175.JPG

I am honored to share the stage with Kathryn Tierney, the general counsel for the Bay Mills Indian Community. She is a legend, going back to her work on the LCO treaty rights cases in Wisconsin, the LeBlanc matter in Michigan, and United States v. Michigan. Wenona and I know her from the more calmer days of negotiating the Michigan tax agreements a decade ago.

I’ll be patching together a short talk about lessons we can learn from the decision from the successful strategic moves made by Bay Mills.

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