A federal judge ordered the Obama administration to issue a new record of decision for the controversial Cowlitz Tribe casino project in Washington. The Bureau of Indian Affairs issued a record of decision in December 2010 after finalizing the environmental impact statement for the tribe's land-into-trust application. During the course of litigation, the Department of Justice learned that some documents were missing so a revised record of decision was issued in October 2012. Judge Barbara Rothstein, however, faulted the revised decision on procedural grounds. "It is black letter law that the record to be considered by this court 'consists of the administrative record compiled by the agency in advance of litigation, not any record thereafter constructed in the reviewing court,'" she wrote in a 13-page decision on Wednesday. Rothstein remanded the matter to the BIA and ordered a new record of decision in 60 days. She noted that the tribe has been waiting 11 years for an answer. “I’m confident we’ll get another positive decision after the department’s review," Chairman Bill Iyall told The Longview Daily News in response. Clark County in Washington and the Confederated Tribes of Grand Ronde in Oregon are suing to block the proposed Cowlitz Casino Resort. Among other claims, they say the U.S. Supreme Court decision in Carcieri v. Salazar prevents the BIA from placing land in trust for tribes that weren't "under federal jurisdiction" in 1934. The Cowlitz didn't gain federal recognition until 2000. Get the Story:
Federal judge blocks Cowlitz casino plan (The Longview Daily News 3/14)
Federal judge rules in favor of appeal of Cowlitz Casino decision (The Battle Ground Reflector 3/14)
Technicality derails latest push for Casino near La Center (KATU 3/13) District Court Decision:
Confederated Tribes of Grande Ronde v. Salazar (March 13, 2013)
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New judge takes control of lawsuit
against Cowlitz Tribe casino (3/12)
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