2nd Circuit blocks Seneca Nation from off-reservation lawsuit

Tuesday, March 29, 2011  

The Seneca Nation can't intervene in a lawsuit challenging its its off-reservation casino in Buffalo, New York, the 2nd Circuit Court of Appeals ruled on Monday.

In March 2010, Judge William Skretny ruled that the tribe waited too long to file the motion. Skretny said the tribe's interests were being adequately represented by the federal government and said the tribe's involvement wouldn't greatly benefit the case.

In a summary order, the 2nd Circuit affirmed Skretny's decision. The court said the tribe can continue to participate in the case as amicus curiae.

“We are disappointed in the result, but the Nation will continue to work with our treaty partner, the United States, as a friend, just has it has all along with this litigation," Seneca Nation Robert Odawi Porter said this morning.

Citizens Against Casino Gambling in Erie County filed the lawsuit against the National Indian Gaming Commission, claiming the Seneca Buffalo Creek Casino does not qualify under the Indian Gaming Regulatory Act. The Bush administration said the gaming site is held in restricted fee status.

2nd Circuit Decision:
Citizens Against Casino Gambling in Erie County v. Hogen (March 28, 2011)

District Court Decision:
Citizens Against Casino Gambling in Erie County v. Hogen (March 30, 2010)

Relevant Documents:
Solicitor's Opinion: Applicability of 25 U.S.C. § 2719 to Restricted Fee Lands (January 18, 2009) | National Indian Gaming Commission Approval of Seneca Nation Casino (January 20, 2009)

Related Stories:
Judge won't let Seneca Nation intervene in gaming case (3/31)