United States DC Circuit

In challenge to determination that the proposed site for casino was within the "initial reservation" exception to the Indian Gaming Regulatory Act's general prohibition on gaming on trust land acquired after October 17, 1988, and thus exempting it from the community protection provision before opening a casino at the site, summary judgment for appellees is affirmed over claim that in deferring to appellee's interpretation of the exception the district court ignored both the letter and intent of Congress.

Appellate Information

• Argued 05/14/2007
• Decided 07/03/2007
• Published 07/03/2007

Judges

• Before:  SENTELLE, ROGERS and KAVANAUGH, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• John J. Bursch argued the cause for appellant.   On the briefs were Rebecca A. Womeldorf, Robert J. Jonker, Daniel P. Ettinger, and Joseph A. Kuiper.


• For Appellees:
  
• Aaron P. Avila, Attorney, U.S. Department of Justice, argued the cause for appellees Dirk Kempthorne, et al.   With him on the brief was Todd S. Aagaard, Attorney.  Lisa E. Jones, Attorney, and R. Craig Lawrence, Assistant U.S. Attorney, entered appearances., Reid Payton Chambers argued the cause for appellee Nottawaseppi Band of Huron Potawatomi Indians.   With him on the brief were Mary J. Pavel, Arthur Lazarus, Jr., and Addie C. Rolnick.  Vanessa L. Ray-Hodge entered an appearance., Michael A. Cox, Attorney General, Attorney General's Office of the State of Michigan, Thomas L. Casey, Solicitor General, and Todd B. Adams, Assistant Attorney General, were on the brief of amici curiae State of Michigan and Michigan GovernorJennifer M. Granholm in support of appellee.