CECGAC v. Hogen — Motion for Contempt Filed

CECGAC wants the National Indian Gaming Commission chairman held in contempt for not acting to shut down the Seneca casino in Buffalo (h/t Indianz).

Here is the motion: cegcac-contempt-motion

Here is the August order requiring the Chairman to take enforcement action: dct-august-order

And here are links to all the materials (here and here and here)

Update in CECGAC v. Hogen Case re: Seneca Gaming Case

The plaintiff, CECGAC, have moved to enforce the judgment rendered earlier this month regarding the Buffalo parcel where the Seneca Nation of Indians have been operating a casino. The United States has moved to remand the case back the National Indian Gaming Commission to reconsider the parcel in light of the new Section 20 regulations [25 CFR Part 292], and the Senecas have filed an amicus brief in support.

cegcac-motion-to-enforce-judgment

federal-defendants-motion-for-remand

seneca-amicus-brief-re-remand

Seneca Gaming Case Decided by DCT

The district court in CECGAC v. Hogen held that the NIGC’s determination that Seneca gaming at its Buffalo parcel was valid under the land claims settlement exception was arbitrary and capricious, because no extant Seneca land claim existed at the time of the time of the settlement.

Here are the briefs. Here is the opinion.