In a challenge to the National Indian Gaming Commission’s (NIGC) approval of an Indian tribe’s proposed casino, dismissal of the complaint is affirmed where the NIGC did not have a duty under the Indian Gaming Regulatory Act to make an Indian lands determination in 1993 before approving the tribe’s non-site-specific proposed gaming ordinance.

Read North Cty. Community Alliance v. Salazar, No. 07-36048

Appellate Information

Argued and Submitted March 11, 2009

Filed July 15, 2009

Judges

Opinion by Judge Fletcher

Partial Concurrence and Partial Dissent by Judge Gould

Counsel

For Appellant:

Brian D. Amsbary, Groen Stephens & Klinge, LLP, Bellevue, WA

For Appellees:

Rebecca Shapiro Cohen, Office of the United States Attorney, Seattle, WA

Brian Kipnis, Office of the United States Attorney, Seattle, WA

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