Here is the opinion: opinion
The interesting portion of this opinion is the court’s awareness that there is a circuit split over the question of whether Chevron deference will trump canons of statutory construction that favor Indian tribes. The Sixth Circuit has not yet decided this question. Here, the court chose to apply the Chevron test, but concluded that the government’s decision was arbitrary and capricious. So the question remained open.
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January 16, 2009 at 10:22 am
[...] US Drops Appeal of Soo Tribe Gaming Lands Case Jump to Comments From Indianz (the lower court opinion is here): [...]