Here:
Question presented:
Whether NIGC legal opinions that determine whether Indian lands are eligible for gaming under IGRA are reviewable final agency actions.
Lower court materials here.
Indian Lands Determination
NIGC Indian Lands Opinion: Iowa Tribe, Oklahoma Allotments, and Section 20
Here.
Ninth Circuit Rejects Challenge to Nooksack Casino
Here is the opinion, with dissent, in North County Community Alliance v. Salazar.
Briefs:
North County Community Allliance Brief
An excerpt from the majority:
We hold that the Alliance’s challenge to the NIGC’s 1993
approval of the Ordinance, insofar as it relates to the licensing
and construction of the Casino, is not time-barred. We hold on
the merits that the NIGC did not have a duty under IGRA to
make an Indian lands determination in 1993 before approving
the Nooksacks’ non-site-specific proposed gaming Ordinance.
We also hold that the NIGC did not have a duty under IGRA
to make an Indian lands determination in 2006 when the
Nooksacks licensed and began construction of the Casino pursuant
to the approved Ordinance. Finally, we hold that there
was no violation of NEPA.
We hold that the Alliance’s challenge to the NIGC’s 1993 approval of the Ordinance, insofar as it relates to the licensing and construction of the Casino, is not time-barred. We hold on the merits that the NIGC did not have a duty under IGRA to make an Indian lands determination in 1993 before approving the Nooksacks’ non-site-specific proposed gaming Ordinance. We also hold that the NIGC did not have a duty under IGRA to make an Indian lands determination in 2006 when the Nooksacks licensed and began construction of the Casino pursuant to the approved Ordinance. Finally, we hold that there was no violation of NEPA.
And from the dissent:
Nebraska v. Dept. of Interior — NIGC Reversed on Ponca Lands
County of Amador v. USDOI Materials
From Indianz:
The Bush administration is facing tribal criticism for its land-into-trust policies but officials have at least one court victory under their belts.
In a 16-page decision issued last Thursday, a federal judge in California dismissed a suit against Interior Secretary Dirk Kempthorne and Assistant Secretary Carl Artman. The two officials were accused of violating federal law with a legal opinion that said the Ione Band of Miwok Indians could open a casino in Amador County.
Here are the briefs:
Turtle Talk 