Eighth Circuit Decides City of Council Bluffs v. Dept. of the Interior [Ponca Gaming]

Here is the opinion.

An excerpt:

In 2017, the National Indian Gaming Commission determined that a parcel of land in Iowa that is held in trust by the United States for the Ponca Tribe of Nebraska is eligible for gaming. The Commission reasoned that the land is eligible as part of “the restoration of lands for an Indian tribe that is restored to Federal recognition.” 25 U.S.C. § 2719(b)(1)(B)(iii). The appellants here, the States of Iowa and Nebraska and the City of Council Bluffs, challenged that decision in the district court. The district court agreed with the Commission that the Ponca Restoration Act, Pub. L. No. 101-484, 104 Stat. 1167 (1990), does not preclude gaming on the parcel. But because the Commission failed to consider a relevant factor in evaluating whether the parcel is restored land for the Tribe, the court remanded the matter for further consideration. The appellants noticed an appeal, arguing that the court erred in its interpretation of the Ponca Restoration Act. We affirm the district court’s order.

Briefs here.

Lower court materials here.

Eighth Circuit Briefs in City of Council Bluffs v. Dept. of Interior

Here:

Appellants Brief

Addendum

Federal Appellee Brief

Ponca Tribe Amicus Brief

Reply

Lower court materials here.

NIGC Affirms Approval of Ponca Tribe’s Gaming Ordinance on Remand from Federal Court

Here is the order in In re: Gaming Ordinance of Ponca Tribe of Nebraska:

Revised Amendment to FDO – Ponca NE

The earlier federal court materials are here.

Federal Court Issues Order in Council Bluffs v. DOI [Ponca Tribe]

Here are the materials in City of Council Bluffs v. United States Department of Interior (S.D. Iowa):

1 Complaint

13 Iowa Complaint

14 Nebraska Complaint

22-1 Council Bluffs MSJ

35-1 NIGC Cross MSJ

49 Ponca Amicus Brief

50 Council Bluffs Reply

53 NIGC Reply

55 DCT Order

I know it’s complicated. For the most part, the court’s decision favors Ponca and NIGC….