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SAULT STE. MARIE TRIBE OF CHIPPEWA INDIANS v. U.S.

No. 99-2444.

288 F.3d 910 (2002)

SAULT STE. MARIE TRIBE OF CHIPPEWA INDIANS, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, Little Traverse Bay Bands of Odawa Indians, Intervenor Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided and Filed May 3, 2002.

Attorney(s) appearing for the Case

Kevin J. Moody (argued and briefed), Louis B. Reinwasser (briefed), Miller, Canfield, Paddock & Stone, Lansing, MI, for Plaintiff-Appellant.

Charles R. Gross (argued and briefed), Office of U.S. Attorney, Grand Rapids, MI, George Forman (briefed), Forman & Prochaska, San Rafael, CA, James A. Bransky (argued and briefed), Traverse City, MI, for Defendants-Appellees.

Before: NELSON and BATCHELDER, Circuit Judges; FEIKENS, District Judge.

OPINION

DAVID A. NELSON, Circuit Judge.

This is an Indian Gaming Regulatory Act case in which the plaintiff tribe, invoking the Administrative Procedure Act as a jurisdictional predicate for its suit, seeks judicial review of Interior Department determinations that allowed the intervenor Indian bands to operate a gambling casino in Northern Michigan. There is a threshold question as to whether the plaintiff has standing to sue.

In summary judgment...

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