Eighth Circuit Remands Ponca Gaming Lands Case to NIGC

Here is the opinion in State of Nebraska v. United States Dept. of Interior. A split decision. Here is the court’s syllabus:

Civil case – Indian law. Case remanded to the National Indian Gaming Commission to permit that body to determine whether a valid agreement exists which would estop the Ponca Tribe from raising the restored land exception to the bar on using certain lands for gaming purposes; if the Commission determined that no valid agreement exists, it may then proceed to reexamine the question of whether the land in question is eligible for gaming under the Indian Gaming Regulatory Act’s restored land exception; on remand the Department of the Interior and the Gaming Commission should also consider the impact of the Ponca Restoration Act on the restored land issue. Judge Kornmann, dissenting.

And the materials:

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Opening NIGC Appellate Brief in Carter Lake Casino Dispute

Here is the NIGC brief in Nebraska ex rel. Bruner v. Dept. of Interior/NIGC — Federal – NIGC Appellant Brief

Lower court materials are here and here.

Motion for Reconsideration in Nebraska v. DOI et al.

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:

us-motion-for-reconsideration

Nebraska v. Dept. of Interior — NIGC Reversed on Ponca Lands

Here is the opinion, courtesy of Indianz.

And here are the briefs.

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.

us-motion-to-dismiss-neb-complaint

nebraska-response-brief

us-reply-brief-to-nebraska

Complaint in Nebraska v. National Indian Gaming Commission (S.D. Iowa)

Complaint — State of Nebraska v. National Indian Gaming Commission

Indianz.com reported this morning that:

Nebraska attorney general Jon Bruning on Wednesday sued the National Indian Gaming Commission for allowing the Ponca Tribe to open a casino in Iowa. Bruning is upset that the tribe, whose headquarters are in Nebraska, might open a casino across the border in Carter Lake, Iowa. He filed suit in the federal district court for the Southern District of Iowa.. The state of Iowa is also considering a lawsuit.

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