Ninth Circuit, on Reconsideration, Orders Interior Review of Gila Bend Act in Tohono O’odham Gaming Lands Appeal

Here are the materials in City of Glendale v. United States:

Superceding panel opinion

Arizona & Glendale En Banc Petition

Gila River En Banc Petition

Federal Response

TON Response

The court’s syllabus:

The panel withdrew its prior opinion and published a superseding opinion affirming in part, and reversing and remanding in part, the district court’s summary judgment in favor of federal defendants in an action by the City of Glendale seeking to set aside the United States Department of Interior’s decision to accept in trust, for the benefit of the Tohono O’odham Nation, a 54-acre parcel of land known as Parcel 2 on which the Nation hoped to build a resort and casino.

The panel held the Gila Bend Indian Reservation Lands Replacement Act, read as a whole, was unambiguous and that § 6(c) of the Act created a cap only on land held in trust for
the Nation, not on total land acquisition by the tribe under the Act. The panel held that § 6(d) of Act was ambiguous as to whether Parcel 2, located on a county island fully surrounded by city land, was within the City of Glendale’s corporate limits. The panel held further that the Secretary of the Interior was mistaken in concluding that the term has a plain meaning, and remanded for the agency to consider the question afresh in light of the ambiguity the panel saw. Finally, the panel held that passage of the Act was within congressional power under the Indian Commerce Clause and was not trumped by the Tenth Amendment

News coverage here.

Previous panel materials here.

This entry was posted in Author: Matthew L.M. Fletcher, fee to trust, gaming, Research and tagged , , , , , , . Bookmark the permalink.

3 Responses to Ninth Circuit, on Reconsideration, Orders Interior Review of Gila Bend Act in Tohono O’odham Gaming Lands Appeal

  1. Pingback: Ninth Circuit Issues Another Superceding Opinion in Gila River Indian Community v. United States | Turtle Talk

  2. Pingback: Ninth Circuit Issues Another Superceding Opinion in Gila River Indian Community v. United States | Round House Talk

  3. Pingback: BIA Decision Approving Glendale Area Trust Land Acquisition for Gaming Purposes for Tohono O’Odham Nation | Turtle Talk

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s