Interior and North Fork Rancheria Prevail over Stand Up for California on Tribe’s Gaming Compact Procedures

Here are the materials in Stand Up for California! v. Dept.of Interior (E.D. Cal.):

28 sufc motion for stay

29 sufc motion for summary j

37 north fork rancheria motion for summary j

39 north fork opposition to 29

41 interior motion for summary j

43 interior response to 29

44 reply in support of 29

46 sufc opposition to motions for summary j

51 north fork reply in support of 37

52 interior reply in support of 41

58 dct order

California Appellate Court Affirms Dismissal of Silvia Burley Suit against California Gambling Control Commission under Anti-SLAPP Rule

Here is the unpublished opinion in California Miwok Tribe v. Everone:

d072141

Federal Court Rejects Constitutional Challenge to IRA Section 5 [fee to trust statute]

Here are the materials in Club One Casino v. Dept. of Interior (E.D. Cal.):

36-1 club one casino motion for summary j

37-1 doi motion for summary j

38 club one reply

39 doi reply

40 dct order

Prior post here.

Stand Up For California v. Dept. of Interior Cert Petition

Here:

sufc cert petition

Questions presented:

1. This case presents the question whether the Secretary may conclude that a casino “would not be detrimental to the surrounding community” despite uncontroverted evidence the casino will have unmitigated detrimental impacts to the community.

2. This case presents the question whether multiple Indians residing on the same reservation are, per se, an “Indian tribe” irrespective of the individual Indianstribal affiliations, if any.

Lower court materials here.

 

Ninth Circuit Rejects Appeal of Individual Picayune Rancheria Members

Here is the unpublished opinion in State of California v. Picayune Rancheria of Chukchansi Indians.

Briefs:

opening brief

state answer brief

tribe answer brief

reply brief

Lower court materials.

Citizen Potawatomi Nation v. Oklahoma Cert Petition [Liquor sales, gaming compact, arbitration]

Here:

cpn v okla cert petition

Question presented:

Whether the Court of Appeals erred in reversing the District Court’s confirmation and enforcement of the Arbitrator’s Award pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

Lower court materials.

UPDATE:

Oklahoma BIO

Eleventh Circuit Rules Against Miccosukee Tribe and Sally Jim over Taxes

Here is the opinion in United States v. Jim.

Briefs here.

Federal Court Dismisses Gaming Developer’s State Law Claims against Apache Tribe, Orders Tribal Court Exhaustion in Others

Here are the materials in FSS Development Company LLC v. Apache Tribe of Oklahoma (W.D. Okla.):

21 motion to stay

22 motion to dismiss

25 response

26 reply

31 dct order

Compensation-Based Class Action against Eastern Band Cherokee Casino Materials

Here are the materials so far in Clark v. Harrah’s NC Casino Company LLC (W.D. N.C.):

1 Complaint

34-1 Motion to Dismiss

39 Opposition

43 Reply

53 Magistrate Report

54 Defendants’ Limited Objections

55 Clark Objections

Cert Petition Filed over Ione Band of Miwok Indians Trust Land Acquisition

Here is the petition in County of Amador v. Dept. of the Interior:

Cert Petition

UPDATE: Cert Opp

Questions presented:

1. Whether Congress intended the phrase “under Federal jurisdiction,” as used in the 1934 Act, to encompass a tribe that, as of June 18, 1934, had no land held on its behalf by the federal government, either in trust or as allotments; was not a party to any treaty with the United States; did not receive services or benefits from the federal government; did not have members enrolled with the Indian Office; and which was not invited to organize under the IRA in 1934 by the Secretary like other recognized tribes in Amador County; but for whom the federal government had unsuccessfully attempted to purchase land pursuant to a generic appropriation authorizing the purchase of land for unspecified “landless Indians” in California?
2. Whether the Secretary’s authority to take land into trust for “members of any recognized Indian tribe now under Federal jurisdiction” requires that the tribe have been “recognized” in 1934, in addition to being “under Federaljurisdiction” at that time, or whether such “recognition” can come decades after the statute’s enactment?
3. Whether the Secretary, having explicitly concluded that in enacting the Indian Gaming Regulatory Act Congress intended that Indian tribes “restored to Federal recognition” refers only to tribes that are “restored” pursuant to (a) congressional legislation, (b) a judgment or settlement agreement in a federal court case to which the United States is a party, or (c) “through the administrative Federal Acknowledgment Process under [25 C.F.R. § 83.8],” and having embodied that conclusion in a formal regulation, 25 C.F.R. § 292.10, can then act contrary to Congress’s intention by “grandfathering in” a preliminary (i.e., non-final) agency action treating Indians who do not meet the regulatory definition as “restored”?
Lower court materials here.