The Buffalo Thunder Resort in New Mexico. Photo from Facebook / Cornell & Company / Mike Wilson
The state of New Mexico is suing the Obama administration to stop the issuance of Class III gaming procedures for Pojoaque Pueblo. The Indian Gaming Regulatory Act authorizes the Bureau of Indian Affairs to step in when a state refuses to negotiate and raises a sovereign immunity defense in federal court. Both conditions were met for Pojoaque Pueblo. The state, however, contends the IGRA provision is illegal. In 2007, the 5th Circuit Court of Appeals came to the same conclusion in a case involving a tribe in Texas. New Mexico falls under the 10th Circuit Court of Appeals. If the Pojoaque Pueblo case makes it there, it could raise the issue to a national level again since the Bush administration declined to appeal the Texas case. Get the Story:
New Mexico sues over tribal gambling compact (AP 8/8) 5th Circuit Court of Appeals Decision:
Texas v. US (August 17, 2007) Related Stories:
George Rivera: Pojoaque Pueblo contributes to state with casino (8/1)
Editorial: Proposed Pojoaque Pueblo compact hurts New Mexico (7/29)
Editorial: State must negotiate compact with Pojoaque Pueblo (7/28)
Pojoaque Pueblo defends provisions in proposed gaming deal (7/25)
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