Tenth Circuit Strikes Down Part 291 Secretarial Procedures

Here is the opinion in State of New Mexico v. Dept. of Interior.

Briefs here.

Tenth Circuit Briefs in New Mexico v. Dept. of Interior (Challenge to Part 291 Regs re: Pojoaque Pueblo)

Here are the briefs:

Interior Opening Brief

Pojoaque Opening Brief

New Mexico Brief

Interior Reply Brief

Pojoaque Reply Brief

Lower court materials here.

Federal Court Invalidates Part 291 Secretarial Procedures in Pojoaque Pueblo Case

Here are the materials in State of New Mexico v. Dept. of Interior (D. N.M.):

37 Interior Motion for Summary J

39 New Mexico Motion for Summary J

40 Pojoaque Opposition

41 New Mexico Opposition

42 Interior Opposition

43 Pojoaque Reply

44 Interior Reply

46 New Mexico Reply

48 DCT Order

An excerpt:

Plaintiff State of New Mexico challenges the Department of the Interior and the Secretary of the Interior’s legal authority to implement regulations found in 25 C.F.R. § 291 (“Secretarial Procedures” or “Part 291 regulations”). The Secretarial Procedures, if adopted, would allow the Pueblo of Pojoaque to conduct Class III gaming on its reservation. New Mexico asks this Court to declare the Secretarial Procedures invalid because they conflict with the unambiguous terms of the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. § 2701 et seq. and violate New Mexico’s sovereign immunity under the Eleventh Amendment.

New Mexico Files Suit to Challenge Application of Part 291 Secretary Procedures to Pueblo of Pojoaque

Here is the complaint in State of New Mexico v. Jewell (D. N.M.):

1 Complaint

Here are the materials in Pueblo of Pojoaque v. State of New Mexico (D. N.M.) referenced in the complaint:

11 Pueblo of Pojoaque Motion for Default Judgment

15 New Mexico Response to Motion for Default Judgment

18 Pueblo of Pojoaque Response

20 New Mexico Answer

21 DCT Order Setting Aside Default Judgment

22 DCT Order Dismissing Case

We posted the complaint in that case here.