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Gaming
Declaratory Relief
Indian Gaming Regulatory Act

Pit River Tribe v. Gavin Newsom, Governor of the State of California, and the State of California

Published: May 26, 2023 | Result Date: Jan. 26, 2023 | Filing Date: Sep. 24, 2020 |

Case number: 2:20-cv-01918-AWI-SKO Summary Judgment –  Plaintiff

Judge

Anthony W. Ishii

Court

USDC Eastern District of California


Attorneys

Plaintiff

Frank R. Lawrence
(Law Office of Frank Lawrence)


Defendant

Timothy M. Muscat
(Office of the Attorney General)


Facts

Pit River Tribe was a federally recognized Indian tribe and a former member of the Compact Tribes Steering Committee (CTSC), a coalition of twenty-eight federally recognized California Indian tribes. On August 19, 2014, the CTSC wrote to inform the State of CTSC's formation and its desire to begin the negotiation process for new Class III gaming compacts. Pit River was a member of CTSC in 2014 and remained a member until July 6, 2020. On September 24, 2020, Pit River withdrew from the gaming compact negotiations and filed a complaint for Declaratory and Injunctive Relief based on claims under the Indian Gaming Regulatory Act (IGRA). On July 28, 2022, the Ninth Circuit issued its published decision in Chicken Ranch Rancheria of Me-Wuk Indians v. California, holding that "IGRA strictly limits the topics that states may include in tribal-state Class III compacts to those directly related to the operation of gaming activities."

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged that defendant failed to negotiate in good faith because it sought to negotiate for compact provisions that fell outside of IGRA's permissible topics of negotiations under the Chicken Ranch holding, in particular, tribal recognition of state court spousal, child support orders, and environmental review and mitigation.

DEFENDANT'S CONTENTIONS: Defendant requested the court grant summary judgment in plaintiff's favor.

Result

The court granted summary judgment granted in plaintiff's favor.


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