Stand Up for California! v. U.S. Department of the Interior, No. 18-16830 (9th Cir. 2020)
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Plaintiffs filed suit challenging the Secretary's issuance, under the Indian Gaming Regulatory Act (IGRA), of Secretarial Procedures which authorize the North Fork Rancheria of Mono Indians to operate class III gaming activities on a parcel of land in Madera, California. The district court granted summary judgment in favor of the Secretary and intervenor.
The Ninth Circuit affirmed in part as to plaintiffs' Johnson Act claim, holding that Secretarial Procedures are an exception to the prohibitions of the Johnson Act and thus they comply with the Administrative Procedure Act. The panel vacated and remanded in part as to the National Environmental Policy Act (NEPA) claim, holding that the IGRA does not categorically bar application of NEPA because the two statutes are not irreconcilable and do not displace each other, and because a contrary result would contravene congressional intent and common sense. Finally, the panel vacated and remanded in part as to the Clean Air Act (CCA) claim, holding that Secretarial Procedures are categorically exempt from the CAA's requirement of a conformity determination.
Court Description: Tribal Gaming / Environmental Law. The panel affirmed in part the district court’s summary judgment in favor of the Secretary of the Interior and intervenor North Fork Rancheria of Mono Indians as to plaintiffs’ Johnson Act claim, and vacated and remanded in part as to environmental claims, in an action challenging the Secretary’s issuance, under the Indian Gaming Regulatory Act (“IGRA”), of Secretarial Procedures which authorized the North Fork Rancheria of Mono Indians to operate Class III gaming activities on a parcel of land in Madera, California. The Johnson Act prohibits the possession or use of any gambling device within Indian country, including slot machines. IGRA, on the other hand, provides for the operation of gaming by Indian Tribes. IGRA Class III gaming, at issue here, includes slot machine gaming activities. * The Honorable R. Guy Cole, Jr., Chief Judge of the United States Court of Appeals for the Sixth Circuit, sitting by designation. STAND UP FOR CALIFORNIA! V. USDOI 3 The panel held that although IGRA did not expressly exempt Secretarial Procedures from the restrictions of the Johnson Act, the broader context of the statute and the obligation to harmonize multiple statutes when possible, led the panel to conclude that gaming conducted pursuant to Secretarial Procedures was not subject to the Johnson Act. The panel held that the Secretarial Procedures complied with the Administrative Procedure Act, and affirmed the district court’s judgment in favor of appellees on the claim. The panel held that the district court erred in holding that under IGRA, the Secretary in issuing Secretarial Procedures lacked discretion to consider any other federal laws besides IGRA, and was excused from completing an environmental impact statement (“EIS”) under the National Environmental Policy Act and a conformity determination under the Clean Air Act. The panel held that Secretarial Procedures have no such per se exemption from these environmental laws. The panel remanded because the district court did not consider the threshold questions of whether the Secretarial Procedures were a major federal action requiring an EIS in the first place, and whether the EIS and conformity determination that were previously prepared in 2010 during the fee-to-trust process satisfied environmental requirements for present purposes. 4 STAND UP FOR CALIFORNIA! V. USDOI
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