Mashpee Wampanoag Tribe not worried about anti-casino lawsuit

Tuesday, May 31, 2016

Cedric Cromwell, the chairman of the Mashpee Wampanoag Tribe, speaks at a casino job and vendor fair in Taunton, Massachusetts, on May 14, 2016. Photo from Facebook
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The Mashpee Wampanoag Tribe of Massachusetts isn't worried about a lawsuit filed by casino opponents.

The tribe broke ground on the First Light Resort and Casino in early April. Opponents are asking a federal judge to halt construction but Chairman Cedric Cromwell said the facility is on track to open in the summer of 2017.

"We do not see this lawsuit against the federal government as having any impact on our progress,' Cromwell told The Cape Cod Times.

The tribe appears to be on strong legal ground because the complaint in Littlefield v. Department of the Interior names the Bureau of Indian Affairs as the defendant. Due to sovereign immunity, the tribe cannot be sued without its consent.

"In no other case has a court had to confront a sovereign tribe, put into immediate possession of trust lands, starting to construct a casino before any judicial review has occurred," attorney David Tennant, who is representing the casino opponents, said in an affidavit that was filed in support of a request to halt construction on the project.

The BIA approved the land-into-trust application for the casino last fall and the land was declared a reservation in January.

Get the Story:
Wampanoag casino opponents seek injunction (The Cape Cod Times 5/28)
Taunton casino opponents ask judge to halt construction (The Boston Globe 5/28)
Mashpee Wampanoag tribe has clear path for casino, but a mountain of debt (The Boston Globe 5/28)
Casino Developers Not Waiting Out Litigation (Banker & Tradesman 5/29) $P Land-Into-Trust Documents:
Chairman Cedric Cromwell Announcement | Mashpee Wampanoag Tribe 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)