Mashpee Wampanoag Tribe granted role in casino land dispute

Wednesday, September 28, 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 has been allowed to intervene in a lawsuit filed by casino opponents in Massachusetts.

The tribe has a "undeniable and compelling interest" in the outcome of the case, Judge William G. Young wrote in an order on Friday. At stake is the future of its homeland and the First Light Resort and Casino, its long-delayed gaming project.

“This is an important legal victory,” Chairman Cedric Cromwell told The Cape Cod Times. “It allows us to directly participate in the case.”

On July 28, Young ruled that the Bureau of Indian Affairs should not have approved the land-into-trust application for the casino site. Opponents successfully argued that the tribe cannot follow the land-into-trust process because it was not "under federal jurisdiction" in 1934 and was not "recognized" in 1934.

The Obama administration has sought a reconsideration or clarification of the ruling but Young has not acted on the request. Regardless, the tribe will be able to defend its interests on the land-into-trust issue as the case goes forward.

The tribe broke ground on the casino in April but work is in limbo as a result of the ruling.

Read More on the Story:
Mashpee tribe given voice in land trust suit (The Cape Cod Times 9/28)
Tribe Earns A Seat In Lawsuit (Cape News 9/28)

Court Decisions:
District Court of Massachusetts: Littlefield v. Department of the Interior (July 28, 2016)
D.C. Circuit Court of Appeals: Confederated Tribes of the Grand Ronde Community of Oregon v. Jewell (July 29, 2016)

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

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