Litigation | Openings & Closings

Oregon tribe funds lawsuit against Cowlitz Tribe's fast-rising casino

Monday, June 20, 2016

Artist's rendering of the Cowlitz Tribe's casino under construction in Clark County, Washington. Image from Cowlitz Casino Project

A lawsuit that seeks to stop the Cowlitz Tribe from opening a casino in Washington is largely being funded by private interests.

Clark County has paid "almost nothing" while the city of Vancouver has paid about $187,000 since 2007, The Columbian reported. That means funding for the litigation has fallen primarily on the Confederated Tribes of Grand Ronde in neighboring Oregon, non-Indian card rooms and a group called Citizens Against Reservation Shopping.

“Absolutely, my clients have helped to fund this. No question,” John Bockmier, spokesperson for three card rooms, told the paper.

The Cowlitz Tribe broke ground on the project -- to be named ilani Casino Resort, the paper reported -- earlier this year and it's due to open on April 17, 2017. It's located near La Center, Washington, about 25 miles north of Portland, Oregon.

The Grand Ronde Tribes operate the Spirit Mountain Casino in Grande Ronde, Oregon. It's about 63 miles from Portland, the most populous city in the state.

Leaders of both tribes attended a packed hearing in Washington, D.C, in March as part of the lawsuit. The D.C. Circuit Court of Appeals will determine whether the Bureau of Indian Affairs should have approved the land-into-trust application for the Cowlitz Casino Project in light of the U.S. Supreme Court decision in Carcieri v. Salazar

In the February 2009 ruling, the justices held that the BIA can only acquire land for tribes that were "under federal jurisdiction" as of 1934. The Cowlitz Tribe didn't gain recognition until 2000.

The Supreme Court, however, did not define the meaning of the phrase "under federal jurisdiction" and the BIA has since developed a two-part test to determine when it can take action. The agency concluded that the Cowlitz Tribe qualified, a decision that was upheld by a federal judge in December 2014.

Tribes have been pressing Congress to fix the decision in order to reduce litigation and ease administrative burdens. A partial fix has been added to a funding bill under consideration.

Get the Story:
Foes share costs of Cowlitz casino opposition (The Columbian 6/20)
Cowlitz Tribe reveals name for casino: ilani (The Columbian 6/20)

Supreme Court Decision in Carcieri v. Salazar:
Syllabus | Opinion [Thomas] | Concurrence [Breyer] | Dissent [Stevens] | Concurrence/Dissent [Souter]

Supreme Court Documents:
Oral Argument Transcript | Briefs

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