Here are the materials in Stand Up for California! v. Dept. of Interior (E.D. Cal.):
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 As a result, the concurrence is no longer valid, and the demurrer should have been overruled.
Here is the opinion:
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.
S238544 – UNITED AUBURN INDIAN COMMUNITY OF THE AUBURN RANCHERIA v. NEWSOM
(Groban, J., not participating, Fybel, J., assigned justice pro tempore)
- Appellant’s Petition for Review Filed on November 22, 2016
- Appellant’s Request for Judicial Notice Filed on November 22, 2016
- Appellant’s Request for Judicial Notice Filed on December 14, 2016
- Appellant’s Opening Brief on the Merits Filed on March 27, 2017
- Appellant’s Request for Judicial Notice Filed on March 28, 2017
- Respondent’s Answer Brief on the Merits Filed on June 26, 2017
- Appellant’s Reply Brief on the Merits Filed on August 23, 2017
- Amicus Curiae Brief of The Mooretown Rancheria of Maidu Indians of California and The Cachil Dehe Band of Wintun Indians of the Colusa Indian Community Filed on September 28, 2017
- Amicus Curiae Brief of Picayune Rancheria of Chukchansi Indians Filed on October 10, 2017
- Amicus Curiae Brief of North Fork Rancheria of Mono Indians Filed on October 10, 2017
- Amicus Curiae Brief of Estom Yumeka Maidu Tribe of the Enterprise Rancheria, California, Filed on October 10, 2017
- Amicus Curiae Brief of Stand Up For California! Filed on October 10, 2017
- Respondent’s Response to Amicus Curiae Brief Filed on December 8, 2017
- Respondent’s Supplemental Brief Filed on May 22, 2020