
The United Auburn Indian Community (UAIC) announced Tuesday that it has filed a lawsuit in federal court challenging the U.S. Department of the Interior’s recent approval of the Scotts Valley Band of Pomo Indians’ casino project in Vallejo, California.
United Auburn Indian Community Argues The U.S. Department Of The Interior’s Approval Was Politically Motivated
The lawsuit argues the approval violates several federal laws and regulations, such as the Indian Gaming Regulatory Act, the National Environmental Policy Act, the Indian Reorganization Act, and the Administrative Procedure Act.
Furthermore, the UAIC asserts that the U.S. Department of the Interior’s approval was rushed and politically motivated, taking place just days before the end of the Biden Administration.
The lawsuit also contends that the Department never reached out to consult with impacted tribal governments, which is a clear violation of long-standing federal policy.
The Yocha Dehe Wintun Nation, a gaming tribe, and the Kletsel Dehe Wintun Nation, a non-gaming tribe, have filed a companion lawsuit seeking to overturn the U.S. Department of the Interior’s approval of the Scotts Valley Band of Pomo Indians’ casino project.
Key Legal Violations In The Lawsuit
According to the UAIC’s news release, five key violations are outlined in the lawsuit:
Administrative Procedure Act (APA): The lawsuit argues that the U.S. Department of the Interior’s rushed approval of the casino was “arbitrary, capricious, a gross abuse of discretion, and ignored its own prior determinations.”
Failure to Consult with Impacted Tribes: Federal law and U.S. Department of the Interior policy require consultation with affected tribal governments. For years, the Department of the Interior shut the United Auburn Indian Community out of the review process, as well as other affected tribes.
Indian Gaming Regulatory Act (IGRA): The Scotts Valley Band of Pomo Indians failed to demonstrate a meaningful historical connection through tribal presence in the Vallejo region, “as required for a restored tribe seeking to acquire land in trust for gaming purposes.”
Indian Reorganization Act (IRA): The U.S. Department of the Interior did not apply sufficient inspection required for taking land into trust for off-reservation gaming. The Department ignored conflicts with local land use regulations and never evaluated the impacts as required under federal regulations.
National Environmental Policy Act (NEPA): The U.S. Department of the Interior did not conduct a full Environmental Impact Statement (EIS), which would have required public hearings and an in-depth review of potential environmental harms.
UAIC Advocates For Fair And Lawful Gaming Practices
More importantly, the United Auburn Indian Community has long advocated for fair and lawful gaming policies that protect tribal sovereignty and avert the abuse of federal land trust regulations.
The UAIC is fighting the federal court’s decision in efforts to prevent other tribes in the future from seeking gaming opportunities in locations with no significant historical connection.
“The approval of the Scotts Valley Band of Pomo Indians’ casino threatens not only our tribe but all tribes that have worked within the legal framework of the Indian Gaming Regulatory Act,” said Chairman Williams of the United Auburn Indian Community.
“If this decision stands, it opens the floodgates for off-reservation casinos in communities that have no historical or cultural ties to the tribes seeking them.”
The United Auburn Indian Community has retained the law firm Keker, Van Nest & Peters LLP to lead the lawsuit, since the firm has successfully represented UAIC in previous legal matters.
The lawsuit seeks to have the federal court overturn the U.S. Department of the Interior’s approval and require a lawful and rigorous review of the Scotts Valley Band of Pomo Indians’ trust land application.