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Expert Analysis

9th Circ. Restores Certainty To Recognition Of 'Indian Lands'

Law360, New York (June 12, 2015, 7:07 AM EDT) -- On June 4, 2015, the Ninth Circuit Court of Appeals issued its en banc decision in Big Lagoon Rancheria v. California, a case in which Big Lagoon Rancheria, a federally recognized Indian tribe, sought to compel the state of California to negotiate a new Class III gaming compact under the Indian Gaming Regulatory Act of 1988. The en banc court affirmed the decision of the district court, which held that California had failed to negotiate in good faith with Big Lagoon as required by the IGRA. The ruling restores certainty to the federal government's recognition of "Indian lands" and states' obligations to negotiate gaming compacts in good faith with tribes....

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