California Federal Court Rejects Challenge to Ione Band Miwok Gaming Ordinance

Here are the materials in No Casino in Plymouth v. National Indian Gaming Commission (E.D. Cal.):

Ninth Circuit Denies En Banc Review of Ione Casino Challenges

Here are the materials in No Casino in Plymouth v. Zinke:

Ione adv No Casino – 9th Circuit – Order Denying No Casino Petition for Panel Rehearing or Rehearing En Banc filed 01-11-2018

Ione Band Response [No Casino]

No Casino En Banc Petition

US Response [No Casino]

Here are the materials in County of Amador v. Dept. of Interior:

Ione adv Amador County – 9th Circuit – Order Denying County Petition for Rehearing En Banc filed 01-11-2018

Amador County En Banc Petition

Ione Band Response [Amador]

US Response [Amador]

Panel materials in both cases here.

 

 

Interior Prevails in Defense of Ione Band Trust Land Acquisition in Ninth Circuit

Here is the opinion in County of Amador v. Dept. of Interior. UPDATE: And the unpublished opinion in No Casino in Plymouth v. Zinke.

An excerpt:

This case involves a dispute over a proposed casino in Amador County, California. Plaintiff, the County of Amador (“County”), challenges a 2012 record of decision (“ROD”) issued by the United States Department of the Interior (“Interior”) in which the agency announced its intention to take land into trust for the benefit of the Ione Band of Miwok Indians (“Ione Band” or “Band”). The ROD also allowed the Ione Band to build a casino complex and conduct gaming on the land once it is taken into trust. Reviewing Interior’s decision under the Administrative Procedure Act (“APA”), we conclude that the agency did not err. Accordingly, we affirm the district court’s award of summary judgment to Interior and the Ione Band.

Briefs here.

Ninth Circuit Argument Video in Appeals in Challenge to Ione Band Gaming Related Trust Acquisition

Here is the video in No Casino in Plymouth v. Zinke (briefs here).

Here is the video in County of Amador v. Dept. of Interior (briefs here).

Ninth Circuit Briefs in County of Amador v. DOI & No Casino in Plymouth v. Jewell

Here are the briefs in County of Amador v. Dept. of Interior:

Opening Brief

Federal Answer Brief

County Reply

Other briefs TK

Here are the briefs in No Casino in Plymouth v. Jewell:

Opening Brief

Federal Answer Brief

Ione Band Answer

NCIP Reply

Lower court materials for both cases here.

Interior Prevails in Two Challenges to Ione Band Trust Acquisition

Here are the materials in No Casino in Plymouth v. Jewell (E.D. Cal.):

72-1 No Casino in Plymouth Motion for Summary J

77 Ione Band Motion to Strike

80 Opposition to 77

85 Ione Band Reply re 77

90-1 US Motion for Summary J

91-1 Ione Band Motion for Summary J

93 No Casino in Plymouth Opposition

93-2 No Casino in Plymouth Reply

94 US Reply

96 Ione Band Reply

100 DCT Order

Here are the materials in County of Amador v. Dept. of Interior (E.D. Cal.):

65 County Motion for Summary J

82 Ione Band Motion for Summary J

84-1 US Motion for Summary J

85 County Reply

86 US Reply

87 Ione Band Reply

95 DCT Order

We posted on these cases earlier, here, here, and here.

Cross-Motions for Summary Judgment in County of Amador v. Dept. of Interior

Here:

65 County of Amador Motion for Summary J

82 Ione Band Motion for Summary J

84-1 Interior Motion for Summary J

85 Amador County Opposition/Reply

86 Federal Reply

87 Ione Band Reply

Complaint here.

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:

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