Federal Court (again) Rejects Stand Up’s Claims against Interior and North Fork Rancheria

Here are the materials in Stand Up for California! v. Dept. of Interior (E.D. Cal.):

73 SUFC MSJ

77-1 Interior MSJ

79 Tribe MSJ

80 SUFC Opposition

81 Interior Reply

81 Tribe Reply

89 DCT Order

Prior posts here and here.

SCOTUS Denies Cert in Club One Casino v. Haaland

Here is today’s order list.

Here are the cert stage briefs in Club One.

California COA Decides Stand Up for California! v. State of California

Here:

F069302A

An excerpt:

After deciding California law empowers the Governor to concur, the Supreme Court transferred this case back to us with directions to vacate our decision and reconsider the matter in light of United Auburn. We conclude the facts of this case are distinguishable from those in United Auburn because at the November 2014 general election California voters rejected the Legislature’s ratification of the tribal-state compact for gaming at the Madera site. As described below, we conclude the people retained the power to annul a concurrence by the Governor and the voters exercised this retained power at the 2014 election by impliedly revoking the concurrence for the Madera site. As a result, the concurrence is no longer valid, and the demurrer should have been overruled.

Club One Casino v. Bernhardt Cert Petition [North Fork Rancheria]

Here is the petition in Club One Casino Inc. v. Bernhardt:

Club One Petition for Writ of Certiorari

Appendix

Lower court materials here and here.

Update:

Brief in Opposition

Reply

California SCT Decides United Auburn Community of the Auburn Rancheria v. Newsom

Here is the opinion:

S238544

An excerpt:

This is a case about how California law applies to the delicate juncture of executive power, federalism, and tribal sovereignty. Under the federal Indian Gaming Regulatory Act (IGRA; 25 U.S.C. § 2701 et seq.), the United States Secretary of the Interior (Interior Secretary) may permit casino-style gaming on certain land taken into federal trust for an Indian tribe, so long as the Governor of the state where the land is located concurs. But nowhere in the California Constitution is the Governor granted explicit authority to concur in this cooperative-federalism scheme. We must decide whether the
Governor nonetheless has the authority to concur in the Interior Secretary’s determination to allow gaming on tribal trust land in California.

What we hold is that California law empowers the Governor to concur.

Briefs here.

California SCT Briefs in United Auburn Indian Community of the Auburn Rancheria v. Newsom

S238544 – UNITED AUBURN INDIAN COMMUNITY OF THE AUBURN RANCHERIA v. NEWSOM
(Groban, J., not participating, Fybel, J., assigned justice pro tempore)

  1. Appellant’s Petition for ReviewPDF file type icon Filed on November 22, 2016
  2. Appellant’s Request for Judicial NoticePDF file type icon Filed on November 22, 2016
  3. Appellant’s Request for Judicial NoticePDF file type icon Filed on December 14, 2016
  4. Appellant’s Opening Brief on the MeritsPDF file type icon Filed on March 27, 2017
  5. Appellant’s Request for Judicial NoticePDF file type icon Filed on March 28, 2017
  6. Respondent’s Answer Brief on the MeritsPDF file type icon Filed on June 26, 2017
  7. Appellant’s Reply Brief on the MeritsPDF file type icon Filed on August 23, 2017
  8. Amicus Curiae Brief of The Mooretown Rancheria of Maidu Indians of California and The Cachil Dehe Band of Wintun Indians of the Colusa Indian CommunityPDF file type icon Filed on September 28, 2017
  9. Amicus Curiae Brief of Picayune Rancheria of Chukchansi IndiansPDF file type icon Filed on October 10, 2017
  10. Amicus Curiae Brief of North Fork Rancheria of Mono IndiansPDF file type icon Filed on October 10, 2017
  11. Amicus Curiae Brief of Estom Yumeka Maidu Tribe of the Enterprise Rancheria, California,PDF file type icon Filed on October 10, 2017
  12. Amicus Curiae Brief of Stand Up For California!PDF file type icon Filed on October 10, 2017
  13. Respondent’s Response to Amicus Curiae BriefPDF file type icon Filed on December 8, 2017
  14. Respondent’s Supplemental BriefPDF file type icon Filed on May 22, 2020

Video.

https://jcc.granicus.com/player/clip/1584?meta_id=50863

Ninth Circuit Rejects Two Challenges to North Fork Rancheria Gaming

Here is the opinion in Club One Casino, Inc. v. Bernhardt.

Briefs here.

And here is the opinion in Stand Up for California! v. Dept. of the Interior.

Briefs here.

Ninth Circuit Briefs in Stand Up for California! v. Dept. of Interior [No. 18-16830]

Here:

Opening Brief

North Fork Brief

Federal Brief

Reply

Lower court materials here.

Update:

CA9 decision

Ninth Circuit Briefs in Club One Casino v. Dept. of Interior [Challenge to IRA Section 5]

Here:

Opening Brief

DOI Answer Brief

Reply

Lower court materials here.