Redding Rancheria v. Jewell

The Tribe asked the Department to take into trust a parcel of land the Tribe recently required for the construction and operation of a new gambling casino. The Secretary denied the request. The Indian Gaming Regulatory Act (IGRA), 25 U.S.C. 2719, generally bans gaming on lands that tribes acquire after its enactment in 1988, but creates an exception for tribes with restored lands. The district court granted summary judgment for the government because the Tribe was seeking to operate multiple casinos, something the applicable regulations unquestionably and reasonably are intended to prevent. While the application was pending before the agency, the Tribe advised the agency that it was willing to close down its original casinos once the new one was in operation. The court concluded that the Secretary reasonably implemented the restored lands exception, to limit the extent to which a restored tribe may operate gaming facilities on restored land, in order to ensure parity between restored and established tribes; the Indian canon, recently articulated in Montana v. Blackfeet Tribe of Indians, does not apply here; there has been no unexplained change in the agency policy; but the agency should have considered the Tribe's alternative offer to move all gaming to the new casino. Therefore, the court affirmed in part, reversed in part, and remanded in part. View "Redding Rancheria v. Jewell" on Justia Law