CABAZON BAND OF MISSION INDIANS; Eastern Band of Cherokee Indians; Poarch Band of Creek Indians; Pueblo of Isleta; Rumsey Rancheria; San Manuel Band of Mission Indians; Spokane Tribe; Delaware Tribe of Western Oklahoma, Appellants,
v.
NATIONAL INDIAN GAMING COMMISSION, an Agency of the United States; Anthony J. Hope, in His Official Capacity as Chairman of the National Indian Gaming Commission; United States Department of the Interior; Bruce Babbitt, in His Official Capacity as Secretary of the Department of the Interior; Department of Justice; Janet Reno, in Her Official Capacity as Attorney General of the United States, Appellees,
States of Alabama, Arizona, California, Colorado, Connecticut, Florida, Idaho, Kansas, Michigan, Mississippi, Nebraska, North Dakota, South Dakota, Wisconsin, and Wyoming, Intervenors.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued December 14, 1993.
Decided January 28, 1994.
Rehearing and Suggestion for Rehearing Denied March 28, 1994.
Attorney(s) appearing for the Case
Jerome L. Levine, of Supreme Court of California, Los Angeles, CA, pro hac vice, by special leave of court, and Glenn M. Feldman, Phoenix, AZ, argued the cause for appellants. With them on the briefs were Ben Bridgers, Sylva, NC, Howard Dickstein, Sacramento, CA, William R. Perry, Washington, DC, Jerry C. Straus, Washington, DC, Lamar Parrish, Albuquerque, NM, and William J. O'Brien, II, Washington, DC. Philip L. O'Neill, Washington, DC, entered an appearance for appellants Cabazon Band of Mission Indians, Eastern Band of Cherokee Indians, Poarch Band of Creek Indians, Pueblo of Isleta, Rumsey Rancheria, San Manuel Band of Mission Indians, Spokane Tribe, and Delaware Tribe of Western Oklahoma. Hans Walker, Jr., Washington, DC, entered an appearance for appellant Delaware Tribe of Western Oklahoma.
Mark R. Haag, Attorney, U.S. Dept. of Justice, Washington, DC, argued the cause for appellees. With him on the brief were Lois Jane Schiffer, Acting Asst. Atty. Gen., U.S. Dept. of Justice, and Edward J. Shawaker, Attorney, U.S. Dept. of Justice, Washington, DC.
Jonathan A. Glogau, Asst. Atty. Gen., Office of Atty. Gen., of State of Fla., Tallahassee, FL, argued the cause and filed the brief for intervenors. Carol Jean Smith and Ronald C. Forehand, Asst. Attys. Gen., Office of Atty. Gen., of State of Ala., Montgomery, AL, entered an appearance, for intervenor State of Alabama.
Before: WALD, GINSBURG, and RANDOLPH, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
Rehearing and Suggestion for Rehearing En Banc Denied March 28, 1994.
Opinion for the court filed by Circuit Judge RANDOLPH.
RANDOLPH, Circuit Judge:
This is an appeal from the order of the district court, Lamberth, J., granting summary judgment in favor of the defendants National Indian Gaming Commission and its Chairman, the Department of the Interior and its Secretary, and the Department of Justice and the Attorney General; and in favor of the fifteen...
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