Tribes May Lose Leverage For Casinos Without DOI Fail-Safe

Law360, New York (May 5, 2017, 10:31 PM EDT) -- A recent Tenth Circuit ruling that the U.S. Department of the Interior lacks authority to approve procedures for the Pueblo of Pojoaque to continue its New Mexico casino operations in the absence of a state compact could leave the Pueblo and other tribes with a Hobson's choice of abandoning gaming altogether or taking deals they don't like from states.

After negotiations for a new gaming compact broke down between the Pueblo and New Mexico and its former compact expired in June 2015, the secretary of the interior had asserted the ability to issue procedures under the Indian Gaming Regulatory Act to...

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