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)
$P 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)
$P
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)
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