St. Croix Band of Chippewa lost a motion for a preliminary injunction in their attempt to avoid the new off-reservation gaming rules [see here for Bryan Newland’s analysis of the new rules].
Here are the materials:
fee to trust acquisition
Kansas v. Kempthorne & Wyandotte Nation — Revised CA10 Opinion
The Tenth Circuit granted the government’s motion for rehearing and issued a revised opinion.
CA10 Panel Decision (pre-rehearing)
St. Croix & Bad River Chippewa Trust Acquisition Lawsuit Materials
On December 7, 2007, the St Croix Tribe of Chippewa filed a suit against Dirk Kempthorne and Carl Artman. The Tribe has been working with the Bad River Chippewa and the City of Beloit (Wisconsin) to develop a casino in the city (which is not located within either Tribe’s reservation). The suit alleges that DOI has reversed its procedure of applying the two-step IGRA section 20 determination before the 25 CFR Part 151 determination. The Tribe claims that seeking the Part 151 determination first will be futile because of Secretary Kempthorne’s personal views on off-reservation gaming. The Tribes have already spent a great deal of time and money in developing the plan, meeting the requirements of the various applicable environmental laws, et cetera.
Grand Traverse Band Trust Land Acquisition
From the Leelanau Enterprise (H/T Indianz):
132 acres ‘in trust’ for GTB
The Bureau of Indian Affairs (BIA) has finally processed the paperwork required to place 14 parcels totaling 132 acres of land “in trust” for the Grand Traverse Band of Ottawa and Chippewa Indians.
St. Croix Chippewa Gaming & Trust Lands Suit
From Indianz [complaint and motion for TRO at the bottom of the post]:
Wisconsin tribe sues BIA over off-reservation gaming
Monday, December 10, 2007
A Wisconsin tribe sued the Bush administration on Friday, accusing two political appointees of changing the land-into-trust process to block off-reservation casinos.
Kansas v. Kempthorne Materials
Recently, the Tenth Circuit decided Kansas v. Kempthorne, perhaps the final round of the Wyandotte Nation of Oklahoma’s bid to open a casino in Kansas City. After a decade of litigation, it appears the Nation has prevailed. What was interesting about the final product was that the 10th Circuit held that the State’s arguments were barred by the Quiet Title Act — because the Secretary had taken the land into trust prior to the filing of the State’s lawsuit, the QTA barred the suit.
Here’s the opinion: CA10 Opinion
Here’s the appellant brief (Kansas and three tribes): Appellant’s Opening Brief
Here’s the federal response brief: Federal Appellee Brief
Here’s the reply brief: Appellant’s Reply Brief
Turtle Talk 