United Auburn Indian Community Files Lawsuit to Overturn Federal Approval of Scotts Valley Band of Pomo Indians’ Casino

The United Auburn Indian Community (UAIC) has recently initiated legal proceedings in federal court, challenging the U.S. Department of the Interior’s approval of the Scotts Valley Band of Pomo Indians’ casino project situated in Vallejo, California. This lawsuit emphasizes critical concerns regarding the procedural and legal standards that govern gaming operations, particularly within the context of tribal sovereignty and federal regulations.

Allegations of Political Motivation Behind the Approval

The UAIC contends that the Department of the Interior’s endorsement of the casino project represents not only a breach of federal law but also demonstrates politically motivated actions taken swiftly before the conclusion of the Biden Administration. The crux of their argument is predicated on the assertion that this hasty endorsement undermines the integrity of established gaming laws, particularly the Indian Gaming Regulatory Act (IGRA) and other accompanying regulations.

The lawsuit further highlights a significant oversight: the Department of the Interior allegedly failed to engage in necessary consultations with affected tribal entities, contravening long-standing federal policy designed to facilitate cooperation among tribes.

In a parallel effort, both the Yocha Dehe Wintun Nation and the Kletsel Dehe Wintun Nation—a gaming and a non-gaming tribe, respectively—have filed a companion lawsuit aimed at nullifying the Department’s approval of the Scotts Valley Band’s casino venture.

Principal Legal Concerns Identified in the Lawsuit

The UAIC’s complaint outlines five pivotal allegations of legal infractions:

1. Violations of the Administrative Procedure Act (APA): The UAIC argues that the Department’s rapid approval is "arbitrary" and "capricious," disregarding both lawful protocols and prior decisions pertinent to the case.

2. Neglect of Consultation Protocols: It is mandated by federal law that impacted tribal governments be consulted during such reviews. The UAIC argues that the Department’s exclusion has caused material distress and injustice.

3. Inadequate Evidence of Historical Ties Under the Indian Gaming Regulatory Act (IGRA): The Scotts Valley Band of Pomo Indians has purportedly failed to demonstrate a substantial historical connection to the Vallejo area, a critical requirement for tribes looking to establish gaming on newly acquired lands.

4. Insufficient Review Under the Indian Reorganization Act (IRA): The lawsuit posits that the Department neglected crucial evaluations required for land-to-trust applications associated with off-reservation gaming, failing to consider local land use conflicts appropriately.

5. Negligence Under the National Environmental Policy Act (NEPA): The UAIC claims that the Department did not undertake a comprehensive Environmental Impact Statement (EIS), thereby bypassing necessary public input and in-depth assessments of potential environmental consequences.

Advocating for Integrity in Gaming Practices

The UAIC stands firm in its commitment to promote fair and lawful gaming practices that bolster tribal sovereignty while preventing the misuse of federal land trust regulations. By challenging the Department of the Interior’s decision, the UAIC aims to safeguard the interests of tribes who have historically adhered to the legal frameworks established under the IGRA.

Chairman Williams articulates the wider implications of the case, stating, “The approval of the Scotts Valley Band of Pomo Indians’ casino threatens not only our tribe but all tribes that have worked within the legal framework of the Indian Gaming Regulatory Act. If this decision stands, it opens the floodgates for off-reservation casinos in communities that have no historical or cultural ties to the tribes seeking them.”

In terms of legal representation, the UAIC has enlisted the services of Keker, Van Nest & Peters LLP, a reputable firm with a track record of successfully advocating for the community in previous matters. The lawsuit seeks not just to overturn the Department’s approval but to mandate a thorough and lawful examination of the Scotts Valley Band’s land application under all pertinent statutes.

This legal dispute underscores critical themes within the gambling industry, such as the intersection of tribal rights, federal oversight, and the ethical considerations of gaming expansion. As this case unfolds, it will inevitably shape the operational landscape for tribes across the United States, influencing how gaming rights are pursued and defended.