- Elizabeth Larson
- Posted On
Scotts Valley Pomo tribe sues federal government over casino project reconsideration
On Tuesday, the Lakeport-based Scotts Valley Band of Pomo Indians filed a federal lawsuit and an emergency motion for a temporary restraining order to block what the tribe called the Department of the Interior’s “sudden and unlawful attempt” to reopen the tribe’s gaming eligibility determination for the casino project.
In January, the Department of Interior, while still under the Biden Administration, granted Scotts Valley’s fee-to-trust application for the $700 million, 400,000-square-foot mega casino complex, along with 24 homes and an administrative building, which is slated to be built near I-80 and Highway 37.
On March 24, two other tribes — the Yocha Dehe Wintun Nation, which owns Cache Creek Casino in Yolo County, and the Kletsel Dehe Band of Wintun Indians, a nongaming tribe based in Colusa County — filed a lawsuit challenging the Department of the Interior’s casino decision, as Lake County News has reported.
Three days later, the Department of the Interior wrote to the Scotts Valley Pomo to say that it was rescinding the gaming eligibility determination granted to the tribe under the Biden Administration in January in order for it to be reconsidered.
In a Tuesday statement, Scotts Valley said the Department of Interior’s March 27 action “seeks to upend years of federal approvals and threatens a carefully planned economic development project that would provide jobs, revenue, and long-term stability for the Tribe and the City of Vallejo.”
The tribe said it is “calling the action motivated by unfounded opposition from competitors, legally baseless, and in direct violation of the federal Indian Gaming Regulatory Act, federal trust obligations, and basic principles of administrative law.”
The Department Interior’s reconsideration “effectively ignores the determination that the Tribe’s trust land in Vallejo is eligible for gaming — despite DOI's own prior conclusion after years of review,” according to the statement.
Scotts Valley said the determination it received from the Department of Interior on Jan. 10 “came after years of extensive administrative review and litigation.”
As part of those previous reviews and lawsuits, Scotts Valley said it “successfully challenged an earlier negative decision, which a federal court found to be deficient.” As a result, the court ordered the matter remanded to the Department of Interior, leading to the January determination.
“The January 10 decision was based on evidence submitted by all parties as of 2019, and the Department already considered and rejected the points put forward by opposing casino operators,” the tribe said. “DOI is attempting to revisit a final decision that it had no legal basis to reopen.”
“This is a shameful decision,” said Scotts Valley Chairman Shawn Davis. “We will not allow bureaucrats to trample our sovereignty or destroy the opportunities we have fought decades to secure. This land is ours. The law is on our side. And we will see the Department of the Interior in court.”
Davis added, ““This is like trying to replay a football game after the final whistle has blown and the score has been posted. We won. The process is over. We shouldn’t have to replay the game because others don’t like the outcome.”
Scotts Valley’s Tuesday filing seeks immediate judicial intervention to prevent the Department of Interior “from inflicting further harm while the case proceeds. The Tribe is confident that the law, the facts, and common sense are on its side.”
The tribe’s statement said it “remains steadfast in its mission to exercise its sovereign rights, develop its economy, and hold the federal government accountable to its promises.”
The Yocha Dehe Wintun Nation did not immediately respond to a request for comment.
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