Class III Gaming Compact

Wisconsin Gov. Walker Refuses to Concur in Menominee Milwaukee Casino Proposal

Matthew L.M. Fletcher

Here.

Of note, the Wisconsin Department of Administration’s report on the proposal is here.

Wisconsin COA Briefs in Tribal Immunity Matter

Matthew L.M. Fletcher1 Comment

Here are the briefs in Harris v. Lake of the Torches Resort & Casino (Wis. App.):

Harris Opening Brief

Tribal Response Brief

Harris Reply

Ninth Circuit Materials in Tulalip Tribes v. State of Washington — Gaming Compact Dispute

Matthew L.M. Fletcher3 Comments

Here are the briefs:

Tulalip Opening Brief

Samish Amicus Brief

Washington Brief

Tulalip Reply

Oral argument audio here.

Lower court materials here:

13 Tulalip Motion for Summary J

20 Washington Response

28 Tulalip Response

29 Tulalip Reply

30 Washington Reply

39 DCT Order

Ninth Circuit Tosses Wrongful Death Action against Barona Valley Ranch Resort & Casino

Matthew L.M. Fletcher

Here are the materials in Nasella v. Barona Valley Ranch Resort & Casino:

Nasella Opening Brief

Barona Answer Brief

Nasella Reply Brief

CA9 Unpublished Memorandum

D.C. Circuit Rejects Bid by Buena Vista Rancheria to Intervene in Challenge to Trust Acquisition

Matthew L.M. Fletcher2 Comments

Here is the opinion in Amador County v. Dept. of Interior.

An excerpt:

In 2005, Amador County, California brought suit against the Department of Interior challenging the Secretary’s approval of a gaming compact between the Buena Vista Rancheria of Me-Wuk Indians (the “Tribe”) and the State of California. After nearly six-and-a-half years of litigation, the Tribe sought to intervene for the limited purpose of moving to dismiss the amended complaint under Federal Rule of Civil Procedure 19. The district court denied the motion as untimely, and this appeal followed. Because we conclude that the district court did not abuse its discretion, we affirm.

Briefs and lower court materials here.

Supreme Court Denies Cert in Friends of Amador County v. Jewell

Matthew L.M. Fletcher2 Comments

Here is the order list.

Cert stage briefs here.

Lower court materials here.

Friends of Amador County v. Jewell a Petition to Watch for This Week’s SCT Conference

Matthew L.M. Fletcher

Here:

Friends of Amador County v. Jewell
14-340
Issue: 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.

We posted on this matter here.

Also, the petition was yesterday’s petition of the day.

Friends of Amador County v. Jewell Cert Stage Briefs

Matthew L.M. Fletcher2 Comments

Here:

FAC Cert Petition

Buena Vista Rancheria Opposition

FAC Reply

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.

Buena Vista Rancheria Cert Opposition Brief

Matthew L.M. Fletcher

Here:

Buena Vista Rancheria Opposition

The United States has waived its right to respond.

The cert petition is here.

Friends of Amador County v. Jewell Cert Petition

Matthew L.M. Fletcher1 Comment

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.