Grand Ronde Tribes drop legal challenge to Cowlitz Tribe casino

Monday, October 31, 2016

Construction is progressing quickly on the Cowlitz Tribe's casino in Washington. Photo from ilani Casino Resort Construction Feed

The Confederated Tribes of Grand Ronde won't be taking an Indian gaming case to the U.S. Supreme Court after all.

Grande Ronde leaders voted in August to ask the nation's highest court to stop the Cowlitz Tribe from opening a new casino in neighboring Washington. But they have since changed their minds, Smoke Signals, the tribe's newspaper, reported.

“Grand Ronde has elected not to appeal the Cowlitz case to the U.S. Supreme Court,” Justin Martin, a tribal member and attorney, told Smoke Signals. “Although La Center is outside the historic lands of the Cowlitz Tribe, Grand Ronde has decided to direct its current resources to completing the remodeling of Spirit Mountain Casino on its Reservation and future resources to the development of projects in Grand Ronde’s homelands and around Portland."

The tribe joins the city of Vancouver and Clark County in dropping out of the case. The only opponents remaining are non-Indian card clubs and non-Indian groups and they haven't said whether they will pursue the appeal.

At issue is the Supreme Court's decision in Carcieri v. Salazar. In that February 2009 case, the justices said the Bureau of Indian Affairs can only approve land-into-trust applications for tribes that were "under federal jurisdiction" in 1934.

The Cowlitz didn't gain formal recognition until 2000. But the BIA determined that the tribe met the "federal jurisdiction" standard based on treaty negotiations and other federal actions.

Casino opponents claimed otherwise but the D.C. Circuit Court of Appeals ruled against them on July 29. The decision, which represented a huge victory for the tribe and the BIA, was unanimous.

The tribe plans to open the ilani Casino Resort on April 17, 2017. It will be the closest Indian gaming facility to Portland, Oregon.

Read More on the Story:
Grand Ronde ends legal challenges to Cowlitz Reservation (Smoke Signals 10/27) $P D.C. Circuit Court of Appeals Decision:
Confederated Tribes of the Grand Ronde Community of Oregon v. Jewell (July 29, 2016) $P Department of the Interior Solicitor Opinion:
M-37029: The Meaning of "Under Federal Jurisdiction" for Purposes of the Indian Reorganization Act (March 12, 2014)

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