Cowlitz Tribe remains confident as casino opponents file appeal

Wednesday, November 9, 2016

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

The Cowlitz Tribe remains on track to open a long-awaited casino in just a few short months.

The ilani Casino Resort is due to open on April 17, 2017. But opponents in Washington are hoping to derail the celebration by asking the U.S. Supreme Court to hear the matter.

The effort by a group called Citizens Against Reservation Shopping, non-Indian card rooms and three landowners is a long shot. The Supreme Court only accepts a small percentage of the petitions it is presented.

But the petition in Citizens Against Reservation Shopping v. Jewell might be attractive to the justices because it marks the first major test of their decision in the Carcieri v. Salazar case.

In February 2009, with the Obama administration still fresh on the job, the nation's highest court held that 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 so opponents saw an opening to fight the casino.

The justices, however, did not define the meaning of the phrase "under federal jurisdiction" so the BIA has developed a test to determine whether it can approve a land-into-trust application for any particular tribe. The Cowlitz survived the scrutiny and finally broke ground on the casino earlier this year.

The federal government's response to the petition is due no later than November 28, according to Docket No. 16-572. The casino opponents will be able to file a reply before the case is presented to the justices for review.

Should they accept the petition, that would start another round of briefs, which would be authored by the new administration of Republican president-elect Donald Trump, who has not offered any Indian policy specifics thus far.

The Supreme Court is still down one member following the death of Antonin Scalia and Trump is likely to name his successor.

Read More on the Story:
Ilani casino opponents will make one last appeal attempt (The Battle Ground Reflector 11/9)
La Center hears ideas for I-5 junction upgrade (The Columbian 11/8) $P D.C. Circuit Court of Appeals Decision:
Confederated Tribes of the Grand Ronde Community of Oregon v. Jewell (July 29, 2016)

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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