IGRA – Page 3 – Turtle Talk

The panel affirmed the district court’s denial of a petition for a writ of mandamus under the Administrative Procedure Act of a group of tribal members and organizations, alleging that the National Indian Gaming Commission violated the National Environmental Policy Act when it approved the Jamul Indian Village’s gaming ordinance for a casino in Jamul, California, without first conducting a NEPA environmental review. The district court held that the Gaming Commission’s approval of the 2013 gaming ordinance was not “major federal action” within the meaning of NEPA requiring the preparation of an environmental impact statement. Affirming on different grounds than the district court, the panel held that even if the GamingCommission’s approval of the gaming ordinance was a major federal action within the meaning of NEPA, the GamingCommission was not required to prepare an environmental impact statement because there was an irreconcilable statutory conflict between NEPA and the Indian Gaming Regulatory Act, pursuant to San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581, 648 (9th Cir. 2014) (holding that an agency need not adhere to NEPA “where doing so ‘would create an irreconcilable and fundamental conflict’ with the substantive statute at issue”).

Briefs here.

Federal Court Refuses to Lift Injunction against Ysleta del Sur Pueblo Gaming, but Ends Continuing Jurisdiction

June 8, 2016June 8, 2016Matthew L.M. Fletcher

Here are the materials in State of Texas v. Ysleta del Sur Pueblo (W.D. Tex.):

531 Pueblo Motions

538 Texas Response

591 Pueblo Reply

592 Alabama Coushatta Tribe Amicus Brief

600 Pueblo Response to American Legion Amicus Brief

608 DCT order

Update in TON Suit against Arizona Officials re: Glendale Casino

March 31, 2016Matthew L.M. Fletcher1 Comment

Here are the new materials in Tohono O’Odham Nation v. Ducey (D. Ariz.):

82 DCT Order Denying TON Motion for PI

108 TON Motion to Dismiss Counterclaims

111 Bergin Response

115 TON Reply

127 DCT Order

Previous materials are here.

Federal Court Rejects Challenge to Interior Approval of Buena Vista Rancheria of the Me-Wuk Tribe Gaming Compact

March 18, 2016Matthew L.M. Fletcher

Here are the materials in County of Amador v. Jewell (D.D.C.):

76-1 Amador County Motion for Summary J

77 US Response

81 Amador County Reply

83 US Reply

84 DCT Order

An excerpt:

At the center of this dispute is a proposed gaming operation on the Buena Vista Rancheria of the Me-Wuk Tribe located in Amador County, California. In 2000, pursuant to the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. §§ 2701-2721, the Secretary of the United States Department of the Interior (the “Secretary”), approved a gaming compact between the MeWuk Tribe and the State of California. The gaming compact was later amended in 2004 to provide for an expanded gaming operation. Although it had not challenged the 2000 gaming compact, Plaintiff, Amador County, challenges the Secretary’s approval of the amended compact, claiming that the Buena Vista Rancheria does not qualify as “Indian land”—a requirement under the IGRA.

***

Having reviewed the parties’ submissions, the record of the case, and the relevant legal authority, the Court concludes that: (1) Amador County stipulated that it would treat the Buena Vista Rancheria as a reservation; (2) Amador County is barred from arguing in this litigation that the Rancheria is not a reservation; and, alternatively, (3) the Secretary is authorized to declare that the Rancheria is a reservation for purposes of the IGRA. Therefore, the Court will DENY Amador County’s motion for summary judgment and GRANT the Secretary’s cross-motion. The reasoning for the Court’s decision is set forth below.