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PICAYUNE RANCHERIA OF CHUKCHANSI INDIANS v. BROWN

No. C074506.

229 Cal.App.4th 1416 (2014)

178 Cal. Rptr. 3d 563

PICAYUNE RANCHERIA OF CHUKCHANSI INDIANS, Plaintiff and Appellant, v. EDMUND G. BROWN, JR., as Governor, etc., et al., Defendants and Respondents; NP FRESNO LAND ACQUISITIONS LLC, Real Party in Interest and Respondent.

Court of Appeals of California, Third District.

September 24, 2014.

Attorney(s) appearing for the Case

Akin, Gump, Strauss, Hauer & Feld, Carlyle W. Hall, Jr. , Andrew Scully Oelz and Amit Kurlekar for Plaintiff and Appellant.

Kamala D. Harris , Attorney General, Sara J. Drake , Assistant Attorney General, William P. Torngren and Timothy M. Muscat , Deputy Attorneys General, for Defendant and Respondent Governor Edmund G. Brown, Jr.

J. Brent Richardson , City Attorney, for Defendant and Respondent City of Madera.

Kamala D. Harris , Attorney General, Randy L. Barrow and Deborah L. Barnes , Deputy Attorneys General, for Defendant and Respondent California Department of Fish and Wildlife.

Ronald W. Beals , Jeanne Scherer , David H. McCray and Brandon S. Walker for Defendant and Respondent California Department of Transportation.

Douglas W. Nelson , County Counsel, and Robert D. Gabriele , Assistant County Counsel, for Defendant and Respondent County of Madera.

Cox, Castle & Nicholson, Andrew B. Sabey and Linda C. Klein for Real Party in Interest and Respondent.

OPINION

ROBIE, J. —

Is the Governor of California a "public agency" subject to the requirements of the California Environmental Quality Act (CEQA; Pub. Resources Code,1 § 21000 et seq.)? In this case, which involves the Governor's concurrence in a federal determination under the Indian Gaming Regulatory Act (25 U.S.C. § 2701 et seq.) that a...

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