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NORTH COUNTY COMMUNITY ALLIANCE, INC. v. SALAZAR

No. 07-36048.

573 F.3d 738 (2009)

NORTH COUNTY COMMUNITY ALLIANCE, INC., Plaintiff-Appellant, v. Ken SALAZAR, Secretary of the United States Department of the Interior; Department Of Interior; Philip Hogen, Chairman of the National Indian Gaming Commission; National Indian Gaming Commission, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed July 15, 2009.

Attorney(s) appearing for the Case

Brian D. Amsbary, Richard M. Stephens, Groen Stephens & Klinge, LLP, Bellevue, WA, for the appellant.

Rebecca Shapiro Cohen, Brian Kipnis, Office of the United States Attorney, Seattle, WA, Aaron P. Avila, Robert Lundman, Ronald J. Tenpas, U.S. Department of Justice, Washington, D.C., for the appellees.

Opinion by Judge WILLIAM A. FLETCHER; Partial Concurrence and Partial Dissent by Judge GOULD.

W. FLETCHER, Circuit Judge:

The North County Community Alliance, Inc., ("Alliance") brought suit against the National Indian Gaming Commission ("NIGC"), the Department of Interior, and those agencies' principal officers (collectively, "Appellees"). The Alliance claims that the NIGC's failure to make an "Indian lands" determination either before approving the Nooksack Indian Tribe's ("Nooksacks'") gaming ordinance (the "Ordinance") in 1993, or before the Nooksacks...

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