NIGC sued over approval of Seneca Nation casino

Wednesday, April 1, 2009  

Opponents of the Seneca Nation filed a third lawsuit against the National Indian Gaming Commission for approving the tribe's off-reservation casino in Buffalo, New York.

Citizens Against Casino Gambling in Erie County, Citizens for a Better Buffalo and other opponents won prior decisions that said the NIGC failed to explain why it approved the casino. But they filed another lawsuit because the agency, as President Barack Obama was being sworn in on January 20, offered a new explanation based on gaming regulations finalized by the Bush administration.

"This is the final lawsuit that will close all the legal loopholes the National Indian Gaming Commission and the Seneca Nation of Indians have slipped through," attorney Cornelius D. Murray said, The Buffalo News reported.

The Seneca Nation acquired land for the Buffalo Creek Casino with funds authorized by an act of Congress. The law stated that the land will be held in restricted fee status.

The gaming regulations do not apply to restricted fee land, the NIGC said it its January 20 approval. The outgoing Solicitor of the Interior Department offered the same explanation in a January 18 legal opinion.

Get the Story:
Casino opponents file new federal lawsuit (The Buffalo News 4/1)
3rd legal fight over Buffalo casino (Business First of Buffalo 3/31)