Tribal Casinos Face New Threats After 9th Circ. Curveball

Law360, New York (January 24, 2014, 3:17 PM EST) -- A recent Ninth Circuit ruling that freed California from having to negotiate a tribal gambling compact has many Indian law attorneys sounding the alarm that the decision creates a new mechanism to effectively kill tribal casino land deals — even some agreements that are decades old.

In a Tuesday split decision reversing a lower court's order, the appeals panel unexpectedly leaned on the U.S. Supreme Court's 2009 Carcieri v. Salazar decision, which says the U.S. Bureau of Indian Affairs cannot put land into trust for tribes that were not federally recognized by 1934. The Ninth Circuit ruled that Big Lagoon Rancheria's proposed...

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