The Tohono O'odham Nation of Arizona is a step closer to an off-reservation casino after a federal judge rejected a lawsuit aimed at stopping the project.

Judge David Campbell said the Bureau of Indian Affairs can place 54 acres in trust for the tribe. He said the Gila River Indian Community and the city of Glendale failed to show how the acquisition was "arbitrary and capricious, an abuse of discretion, or otherwise not in accordance with law."

Campbell also said the BIA is not required to make a determination on whether the land is eligible for gaming before placing the land in trust. Quoting from the Indian Gaming Regulatory Act, he said nothing in the law "shall affect or diminish the authority and responsibility of the Secretary to take land into trust."

Finally, Campbell rejected an argument advanced by state lawmakers that the land-into-trust process violates the Tenth Amendment of the U.S. Constitution. He said Congress has "plenary power" to legislate Indian affairs.

Get the Story:
O'odham closer to casino by Glendale (Capitol Media Services 3/4)
Glendale casino dispute: Judge favors tribe in ruling (The Arizona Republic 3/4)
Tohono O'odham Nation One Step Closer to West Valley Resort-Style Casino (The Phoenix New Times 3/3)

District Court Decision:
Gila River Indian Community v. DOI (March 3, 2011)

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