Litigation | Openings & Closings

Mashpee Wampanoag Tribe moves full steam ahead with casino

Tuesday, April 12, 2016

Artist's rendering of the First Light Resort and Casino in Taunton, Massachusetts. Image from Steelman Partners / Mashpee Wampanoag Tribe

The Mashpee Wampanoag Tribe of Massachusetts broke ground last week on a $1 billion casino despite litigation aimed at stopping the long-awaited project.

The complaint in Littlefield v. Department of the Interior claims the Bureau of Indian Affairs should not have approved the land-into-trust application for the First Light Resort and Casino. But the tribe is not a defendant and, due to sovereign immunity, cannot be added to the suit without its consent.

“The odds are very slim to virtually nonexistent” that the lawsuit will halt work on the casino, Arlinda Locklear, the tribe's attorney and the first Native woman to argue before the U.S. Supreme Court, told The Boston Globe.

Other Indian law experts told the paper that the tribe is on solid footing. as it aims to open the casino by the summer of 2017. The primary claim in the case -- whether the Supreme Court's decision in Carcieri v. Salazar bars the acquisition of the gaming site -- will be difficult to prove, they said.

"There’s a lot of ways to argue the tribe meets the requirements of the law, despite that Supreme Court case," attorney Dennis Whittlesey, who has a long career in Indian law and policy, told the paper. "And the tribe only needs one of them to work.”

The lawsuit is funded by a non-Indian developer who wants to open a $675 million casino in Brockton. The tribe's casino is in Taunton, less than 20 miles away.

“As People of the First Light, we are here to inaugurate the beginning of a strong economic partnership with the City of Taunton as well as the first tangible step in building an economic base for our tribal nation,” Chairman Cedric Cromwell said in a press release.

Get the Story:
Mashpee push on with casino work despite lawsuit over reservation status (The Boston Globe 4/12)
Gold rush in the Silver City: The First Light casino's impact on Taunton (The Taunton Daily Gazette 4/8)
Wampanoag Tribe breaks ground at Taunton casino site (Cape Cod Today 4/7)

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

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