The Cowlitz Tribe of Washington remains confident of its casino despite another setback in court.
The Bureau of Indian Affairs
issued a record
of decision in December 2010 after finalizing the environmental impact statement
for the tribe's land-into-trust application. During the course of litigation,
the Department of Justice
learned that some documents were missing so a revised record of decision was
issued in October 2012.
Judge Barbara Rothstein, however, faulted the revised decision on procedural grounds. She ordered the BIA to issue a new one but the tribe isn't fazed by the latest delay.
“The tribe’s legal position is very strong and we remain confident of the outcome," Chairman Bill Iyall told The Battle Ground Reflector.
Clark County in Washington and the Confederated Tribes of Grand
Ronde in Oregon are suing to block the proposed Cowlitz Casino Resort.
Among other claims, they say the U.S. Supreme Court decision
in Carcieri
v. Salazar prevents the BIA from placing land in trust for tribes that
weren't "under federal jurisdiction" in 1934.
The Cowlitz didn't gain federal recognition until 2000.
Get the Story:
Federal judge rules in favor of appeal of Cowlitz Casino decision
(The Battle Ground Reflector 3/19)
District Court Decision:
Confederated
Tribes of Grande Ronde v. Salazar (March 13, 2013)
Related Stories:
Editorial: Judge sends Cowlitz Tribe
casino back to square one (3/15)