Indian Gaming > 9th Circuit rejects challenge to NIGC's approval of Cowlitz casino

9th Circuit rejects challenge to NIGC's approval of Cowlitz casino

Wednesday, September 1, 2010
Filed Under: Casino Stalker | Litigation | NIGC

The 9th Circuit Court of Appeals on Tuesday upheld the dismissal of a lawsuit that sought to stop the Cowlitz Tribe from building a casino in Washington.

The city of Vancouver sued the National Indian Gaming Commission for approving the tribe's gaming ordinance. The city claimed the NIGC shouldn't have made the decision because the Bureau of Indian Affairs hasn't approved the tribe's land-into-trust application.

In an unpublished opinion, the 9th Circuit said the city lacked standing to sue the NIGC. "As the city has not established a procedural injury resulting from the timing of the [NIGC's] approval, it does not have Article III standing to maintain this suit," the court wrote.

The Bureau of Indian Affairs published a final environmental impact statement in favor of the Cowlitz Casino Resort over two years ago but the Bush administration never made a decision on the land-into-trust application.

9th Circuit Decision:
City of Vancouver v. NIGC (August 31, 2010)

Related Stories:
Cowlitz Tribe still waiting on decision on land-into-trust application (7/30)