IGRA – Page 40 – Turtle Talk

An excerpt:

While the Court’s decision is a victory for those who feared the abrogation of tribal immunity, its suggestion that states seek remedies in state law signals approval of leaving the resolution of legal questions central to state-tribe disputes to the states, even when the question concerns the extent of Indian land. Such a view would be inconsistent with recent trends generally favoring greater federal control and congressional support for tribal self-determination, and could result in actions that are detrimental to tribes.

Tenth Circuit Reverses Oklahoma v. Hobia Relying on Bay Mills

November 10, 2014Matthew L.M. Fletcher1 Comment

Here is the opinion:

CA10 Opinion

Lower court supplemental briefs here.

Briefs are here.

Lower court materials here.

Buena Vista Rancheria Cert Opposition Brief

November 6, 2014Matthew L.M. Fletcher

Here:

Buena Vista Rancheria Opposition

The United States has waived its right to respond.

The cert petition is here.

Updated Materials in Michigan v. Sault Tribe — State Seeks to Sue Tribal Officials

November 4, 2014Matthew L.M. Fletcher2 Comments

Here are the materials in State of Michigan v. Sault Ste. Marie Tribe of Chippewa Indians (W.D. Mich.):

49 Renewed Motion to Dismiss

53-1 State Motion for Relief

55 State Response to Motion to Dismiss

57 Soo Tribe Reply

58 Soo Tribe Response to Motion for Relief

60 State Reply

63 DCT Order to Adjourn and Reschedule Oral Argument

Sixth Circuit materials are here.

Second Circuit Briefs in Citizens against Casino Gambling in Erie County v. Hogen (FINAL)

October 29, 2014Matthew L.M. Fletcher2 Comments

Here:

Final CACGEC Principal Brief

Final Federal Brief

Final Seneca Amicus Brief

Final CACGEC Reply Brief

Final Federal Reply Brief

Lower court materials here.

Ninth Circuit Briefs in State of Arizona v. Tohono O’odham Nation

October 23, 2014October 23, 2014Matthew L.M. Fletcher1 Comment

Here:

Arizona Brief

Salt River & Gila River Brief

TON Answer Brief

Arizona Reply Brief

Salt River & Gila River Reply Brief

Lower court materials here.

Seventh Circuit Briefs in State of Wisconsin v. Ho-Chunk Nation

October 23, 2014Matthew L.M. Fletcher1 Comment

Here:

Ho-Chunk Nation Opening Brief

NIGA Amicus Brief

Wisconsin Brief

Ho-Chunk Nation Reply Brief

Lower court materials here.

Ninth Circuit Briefs in State of Idaho v. Coeur d’Alene Tribe

October 23, 2014April 7, 2015Matthew L.M. Fletcher1 Comment

Here:

Coeur d’Alene Tribe Opening Brief

Shoshone-Bannock Tribes Amicus Brief

State Brief

Tribe Reply

Oral argument audio, video.

Lower court materials here, here, here, and here.

Cross-Motions for Summary Judgment Briefing in City of Duluth v. National Indian Gaming Commission

October 21, 2014Matthew L.M. Fletcher2 Comments

Here:

25 Duluth Motion for Summary J

26 US Cross Motion for Summary J

27-1 Fond du Lac Proposed Amicus Bref

30 Duluth Reply

33 US Reply

The materials on the federal government’s motion to dismiss are here.

Complaint is here.

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.