indian gaming regulatory act

Amodor County v. Kempthorne — No Judicial Review of Approval of Gaming Compact by Inaction

Matthew L.M. Fletcher1 Comment

Here are the materials in this case involving the Buena Vista Rancheria of Me-Wuk Indians:

dct-order-amador-county-v-kempthorne

doi-motion-to-dismiss

amador-opposition

doi-reply-brief

MichGO’s Reply Brief

Matthew L.M. Fletcher

The certiorari stage briefing in Michigan Gambling Opposition v. Kempthorne (No. 08-554) is complete with the filing of the petitioner’s reply brief (here).

Here are the other briefs.

The conference where the Court will discuss this case is January 9.

United States v. Hunter Update — IGRA Criminal Case

Matthew L.M. Fletcher1 Comment

We posted about this case involving tribal leaders at Coyote Valley Band of Pomo Indians earlier this year. The government has been able to convict one of the tribal leaders — Michelle Campbell — for failing to file a tax return (campbell-conviction). Priscilla Hunter’s trial is scheduled for April 2009.

Motion for Reconsideration in Nebraska v. DOI et al.

Matthew L.M. Fletcher1 Comment

As Indianz reported, the United States has moved the Southern District of Iowa to reconsider its decision reversing the government’s (specifically, NIGC) determination that the Ponca Tribe could game on its Carter Lake parcel. Here is the motion:

us-motion-for-reconsideration

Seminole Tribe v. Florida House of Representatives Cert Petition

Matthew L.M. Fletcher1 Comment

Is here — seminole-tribe-v-florida-house-of-representatives-cert-petition

Here is the Florida Supreme Court’s decision and a link to the briefs below.

Crosby Lodge v. NIGC — Facial Challenge to 25 CFR 522.10(c) Rejected

Matthew L.M. Fletcher2 Comments

Crosby Lodge is licensed by Paiute Lake Indian tribe to conduct Class III gaming. Under the regulation, they owe at least 60 percent of revenues to the tribe. The company challenged the reg, and lost.

nigc-motion-for-summary-judgment

crosby-lodge-opposition

nigc-reply-brief

crosby-lodge-v-nigc-dct-opinion

Alabama v. United States Materials

Matthew L.M. Fletcher

The Southern District of Alabama dismissed Alabama’s challenge to the Department of Interior’s Class III procedures, on grounds of ripeness.

Here is the opinion, courtesy of Indianz.

us-motion-to-dismiss

poarch-creek-motion-to-dismiss

alabama-response-brief

us-reply-brief

poarch-creek-reply-brief

alabama-supplemental-brief

us-supplemental-brief

poarch-band-supplemental-brief

Harrah’s v. NGV Gaming Cert Petition

Matthew L.M. Fletcher

The questions presented are:

1. Does the Dictionary Act’s rule that words used in the present tense also include the future tense, unless the context indicates otherwise, only apply if the statutory text at issue is ambiguous?

2. Does the term. “Indian lands” as used in 25 U.S.C. §§ 81 and 2701-2721 include both land that “is held by the United States in trust for an Indian tribe” and land that “will be held in trust by the United States for an Indian tribe”?

Here is the brief — harrahs-v-ngv-gaming-cert-petn

And here is the lower court opinion — guidiville-band-v-ngv-gaming

CECGEC v. Hogen & Seneca Update

Matthew L.M. Fletcher

The federal government and the Seneca Nation have responded to CECGEC’s motion for contempt in the ongoing case regarding the legality of the Seneca Buffalo casino site.

Here are the previous materials.

And here are the new materials:

us-response-brief

amicus-seneca-nation-of-indians-brief-in-opposition

plaintiffs-reply-to-us-opposition-to-motion-to-enforce

NIGC Chairman Phil Hogen to Speak at UM on Thursday

Matthew L.M. Fletcher

NIGC Chairman Phil Hogen – November 13

12:20 pm to 1:20 pm Hutchins Hall (HH) 250

The Native American Law Student Association (NALSA) is sponsoring a lunchtime talk with National Indian Gaming Commission (NIGC) Chairman Phil Hogen. Chair Hogen is a member of the Oglala Sioux Tribe, Pine Ridge Reservation. He will be speaking about the Indian Gaming and Regulatory Act (this year is the twentieth anniversary).

For more information:

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