Cert Petition Filed in Challenge to Wilton Rancheria Lands Case

Here is the petition in Stand Up for California! v. Dept. of the Interior:

SUFC! Petition

Question presented:

Whether the Secretary can acquire land in trust on behalf of Indians whose federal supervision was terminated by Congress.

Lower court materials here.

D.C. Circuit Affirms Stand Up for California! v. Dept. of Interior [Wilton Rancheria]

Here is the opinion.

An excerpt:

This appeal comes after a seven year effort by the Department of the Interior (“Department”) to acquire land in trust on behalf of the Wilton Rancheria (“Wilton” or “Tribe”) to build a casino. After the Department finalized the acquisition of a parcel of land in Elk Grove, California, Stand Up for California! (“Stand Up”), Patty Johnson, Joe Teixeira, and Lynn Wheat (collectively “Appellants”) sued the Department. They brought a litany of claims, including claims that the Department (1) impermissibly delegated the authority to make a final agency action to acquire the land to an official who could not wield this authority, (2) was barred from acquiring land in trust on behalf of Wilton’s members, and (3) failed to adhere to its National Environmental Protection Act obligations when it selected the Elk Grove location. Appellants and the Department cross moved for summary judgment, and the District Court granted the Department’s motions on all counts. For the reasons set forth below, we affirm the District Court.

Briefs here.

D.C. Circuit Briefs in Stand Up for California! v. Dept. of Interior [Wilton Rancheria]

Here are the briefs:

Stand Up Opening Brief

Interior Brief

Wilton Rancheria Brief

Reply

Lower court materials here.

Oral argument audio here.

Summary Judgment Motions in Stand Up v. Interior [Wilton Rancheria]

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

57 Motion to Supplement Record

59 Tribe Opposition

60 DOI Opposition

61 Reply

62 DCT Order Denying Motion to Supplement Record

70 Second Motion to Compel

71 Tribe Opposition

72 DOI Opposition

75 Reply

76-1 Tribe Surreply

77-1 DOI Surreply

80 DCT Order Denying Second Motion

91 Stand Up Motion for Summary Judgmen

96 Tribe Cross-Motion

98-1 DOI Cross-Motion

100 Stand Up Reply

103 Tribe Reply

104 DOi Reply

Prior post here.

Federal Court Rejects Challenge to Wilton Rancheria Trust Acquisition Made by Acting Interior Official

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

33 Stand Up Motion for Summary J

40 Interior Cross Motion

41 Wilton Rancheria Cross Motion

45 Stand Up Reply

49 Wilton Reply

50 Interior Reply

53 DCT Order