Artist's rendering of the proposed Cowlitz Casino Resort. Image from Cowlitz Indian Tribe Environmental Impact Statement
The Cowlitz Tribe of Washington declared victory on Friday after a federal judge rejected challenges to its gaming land-into-trust application. The tribe has been pushing for the Cowlitz Casino Resort for more than a decade. The 152-acre site will be going into trust next month thanks to the 57-page decision from Judge Barbara Jacobs Rothstein. “This is the time for all Cowlitz people and the community to celebrate," Chairman Bill Iyall said in a press release. Opponents -- including the the Confederated Tribes of Grand Ronde in Oregon -- hoped to derail the casino by bringing up the U.S. Supreme Court decision in Carcieri v. Salazar. The ruling restricts the land-into-trust process to tribes that were "under federal jurisdiction" as of 1934. The Cowlitz didn't gain federal recognition until 2000 but the Bureau of Indian Affairs conducted a two-part test to determine whether the tribe qualified. Rothstein ruled that the agency's determination was owed deference and was not, as opponents claimed, arbitrary and capricious. "The Cowlitz Indian Tribe has been landless for over 160 years [and] this decision provides justice for all Cowlitz who have come before us and given their lives on behalf of all Cowlitz people," Iyall said in the press release. His predecessor, John Barnett, died in June 2008 after leading the tribe to federal recognition. Even though the BIA plans to place the land into trust next month, litigation will continue. The Grand Ronde Tribes plan to take the case to the D.C. Circuit Court of Appeals. "Our tribe has remained vigilant throughout this process," Chairman Reyn Leno said in a press release. "We have always believed this case would be decided at the appellate level and we are prepared to appeal it.” The Grand Ronde Tribes operate the Spirit Mountain Casino in neighboring Oregon. The facility draws patrons from Portland, about 60 miles away. The Cowlitz Tribe also will compete for Portland patrons. The 152-acre gaming site is only 30 miles away. Turtle Talk has posted documents from the case, Confederated Tribes of the Grand Ronde Community v. Jewell. Get the Story:
Federal judge rules in favor of Cowlitz (The Columbian 12/13)
Federal judge rules in favor of Cowlitz Tribe (The Battle Ground Reflector 12/13)
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