Casino Stalker | Land Acquisitions | Litigation

Non-Indian firm looking to block Mashpee Wampanoag Tribe casino

Monday, February 8, 2016

An artist's rendering of the First Light Resort and Casino in Taunton, Massachusetts. Image from Mashpee Wampanoag Tribe

A non-Indian developer has confirmed that it is helping finance a lawsuit that seeks to prevent the Mashpee Wampanoag Tribe of Massachusetts from opening a casino.

Rush Street Gaming wants to build a commercial casino in Brockton. The project would benefit greatly if the tribe never opens the First Light Resort and Casino in Taunton, about 20 miles away.

“Based on market research, MG&E believes a Brockton casino would be successful with or without a tribal casino in Taunton,” Mass Gaming & Entertainment, a subsidiary of Rush Street, said in a statement to the Associated Press. “However, a Brockton casino will ultimately be more successful and the financial benefit to the Commonwealth will be greater without a tribal casino in Taunton.”

The complaint in Littlefield v. Department of the Interior raises the U.S. Supreme Court decision in Carcieri v. Salazar. It argues that the Bureau of Indian Affairs can't place land in trust for the casino because the tribe wasn't "under federal jurisdiction" in 1934. The tribe gained formal recognition in May 2007.

Get the Story:
Lawsuit challenges Mashpee Wampanoag tribal reservation decision (AP 2/8)

Federal Register Notices:
Proclaiming Certain Lands as Reservation for the Mashpee Wampanoag (January 8, 2016)
Land Acquisitions; Mashpee Wampanoag Tribe (September 25, 2015)
Final Environmental Impact Statement for the Proposed Fee-to-Trust Transfer of Property and Subsequent Development of a Resort/Hotel and Ancillary Facilities in the City of Taunton, MA and Tribal Government Facilities in the Town of Mashpee, MA by the Mashpee Wampanoag Tribe (September 5, 2014)
Land Acquisitions: Appeals of Land Acquisition Decisions (November 13, 2013)

Relevant Documents:
Chairman Cedric Cromwell Announcement | Mashpee Wampanoag Trbe Press Release | Bureau of Indian Affairs Press Release | Assistant Secretary Kevin Washburn Letter to Chairman Cedric Cromwell | Record of Decision | Attachment I - Legal Descriptions | Attachment II - Maps | Attachment III - Mitigation Monitoring and Enforcement Plan | Attachment IV - Response to Comments on the Final Environmental Impact Statement

DOI Solicitor Opinion:
M-37029: The Meaning of "Under Federal Jurisdiction" for Purposes of the Indian Reorganization Act (March 12, 2014)