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Cachil Dehe Band of Wintun Indians of the Colusa Indian Community v. Zinke

ELR Citation: 48 ELR 20076
Nos. 17-15245, -15533, (9th Cir., 05/02/2018)

The Ninth Circuit affirmed a lower court's grant of summary judgment in favor of a Native American tribe in a lawsuit seeking to enjoin the DOI's Bureau of Indian Affairs (BIA) from taking a parcel of land into trust for the tribe so it could build a casino and hotel complex. Following the BIA's decision to make the parcel acquisition, another tribe that has a casino of its own, as well as various groups and individuals opposed to the construction of a new casino, alleged errors in the regulatory process and sued to enjoin the acquisition. But DOI had the statutory authority under the Indian Reorganization Act to take land into trust. In addition, pursuant to the Act's implementing regulations, the Secretary properly considered the tribe's "need" for the land. And DOI's incorrect legal description of the parcel in the Federal Register was a trivial error that was quickly corrected and did not render the final Record of Decision arbitrary and capricious. DOI also properly consulted with the other tribe, and it complied with NEPA.