DC Circuit revives lawsuit over Buena Vista Rancheria casino

Friday, May 6, 2011  

The D.C. Circuit Court of Appeals today revived a lawsuit that challenges the casino plans of the Buena Vista Rancheria of Me-Wuk Indians of California.

The tribe entered into a Class III gaming compact with the state to operate a casino in Amador County. The Bureau of Indian Affairs let the agreement take effect without approving it or rejecting it.

The county sued and claimed the BIA should have rejected the compact because the tribe's proposed gaming site does not qualify as "Indian land" as required by the Indian Gaming Regulatory Act. A federal judge dismissed the lawsuit, saying the BIA's action was not reviewable in court.

In a unanimous decision, the D.C. Circuit reversed. The court found that the BIA's action -- or lack thereof -- can be reviewed, meaning the merits of the county's claim will have to be heard.

"Either the compact meets the requirements of IGRA, in which case we must reject the challenge, or it does not, in which case we must direct the [Interior] Secretary to disapprove the compact," Judge David S. Tatel wrote for the majority

The court ordered the suit to return to Judge Richard W. Roberts, who had initially dismissed it in January 2009 and denied the county's motion to reconsider in July 2010.

The tribe was restored to federal recognition in 1983.

DC Circuit Decision:
Amador County v. Salazar (May 6, 2011)

District Court Decisions:
July 12, 2010 | January 8, 2009