United States DC Circuit

Dismissal affirmed where under The Indian Gaming Regulatory Act the Auburn Tribe's land qualifies as the restoration of lands and therefore, defendant was not required to find that gaming would not be detrimental to the surrounding community prior to deciding that the land was eligible.

Appellate Information

• Decided 11/14/2003
• Published 11/14/2003

Judges

• Before:  ROGERS and ROBERTS, Circuit Judges, and SILBERMAN, Senior Circuit Judge.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• William P. Horn argued the cause and filed the briefs for appellants.   Barbara A. Miller and Harvey A. Levin entered appearances., Stephen P. Collette was on the brief for amicus curiae National Coalition Against Gambling Expansion in support of appellant.


• For Appellees:
  
• Seth P. Waxman argued the cause for appellee The United Auburn Indian Community.   With him on the brief were Edward C. DuMont, Luke A. Sobota, and Howard Dickstein.  Kirk R. Ruthenberg and Nicholas C. Yost entered appearances., Elizabeth Ann Peterson, Attorney, U.S. Department of Justice, argued the cause for federal appellees.   With her on the brief was William B. Lazarus, Attorney.