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:
National Indian Gaming Commission
Nebraska v. Dept. of Interior — NIGC Reversed on Ponca Lands
CECGEC v. Hogen & Seneca Update
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:
NIGC Chairman Phil Hogen to Speak at UM on Thursday
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:
Nebraska v. Dept. of Interior Materials
This is the suit challenging the Ponca Tribe’s casino in Iowa. The US had filed a motion to dismiss on standing grounds, and other grounds.
CECGAC v. Hogen — Motion for Contempt Filed
CECGAC wants the National Indian Gaming Commission chairman held in contempt for not acting to shut down the Seneca casino in Buffalo (h/t Indianz).
Here is the motion: cegcac-contempt-motion
Here is the August order requiring the Chairman to take enforcement action: dct-august-order
And here are links to all the materials (here and here and here)
Challenge to Cowlitz Casino Dismissed
As Indianz reported, the City of Vancouver’s challenge to the proposed Cowlitz casino, City of Vancouver v. Hogen, has been dismissed on Article III standing grounds in the Western District of Washington. The court likened the City’s injury in fact to a game of chance. 🙂 Here are the materials:
Sac and Fox Nation v. DOI Materials
Here are the materials in the most recent order from the district court in this long-running case (H/T Indianz).
NYTs Article on Soboba Band Conflicts
From the NYTs:
SAN JACINTO, Calif. — With 9 reservations and 10 casinos, Riverside County is a major center of Indian gambling in California.
But a standoff between county sheriff’s deputies and leaders of the Soboba Band of Luiseño Indians has led to an unusual effort to close one of the casinos because of safety concerns.
Three Soboba members were killed in gunfights with deputies on the reservation in May, and the authorities say tribal members have shot at deputies in patrol cars and helicopters with high-powered assault rifles over the past nine months.
In July, citing what it called heavy-handed treatment by the Sheriff’s Department, the tribe began requiring deputies entering the reservation to check in at a security gate and travel with an escort. Sheriff Stanley Sniff says the restrictions are illegal and has asked the National Indian Gaming Commission to close the Soboba casino and suspend the tribe’s gambling license.
Sault Tribe Wins Gaming Case Against DOI
Here is the opinion: opinion
The interesting portion of this opinion is the court’s awareness that there is a circuit split over the question of whether Chevron deference will trump canons of statutory construction that favor Indian tribes. The Sixth Circuit has not yet decided this question. Here, the court chose to apply the Chevron test, but concluded that the government’s decision was arbitrary and capricious. So the question remained open.
Turtle Talk 
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