BUTTE COUNTY, CAL. v. HOGEN

No. 09-5179.

613 F.3d 190 (2010)

BUTTE COUNTY, CALIFORNIA, Appellant v. Philip N. HOGEN, Chairman, National Indian Gaming Commission, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided July 13, 2010.


Attorney(s) appearing for the Case

Dennis J. Whittlesey argued the cause and filed the briefs for appellant. Bruce S. Alpert entered an appearance.

Robert P. Stockman, Attorney, U.S. Department of Justice, argued the cause for federal appellees. With him on the brief were John C. Cruden, Acting Assistant Attorney General, and Aaron P. Avila, Attorney. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Nicholas C. Yost argued the cause for appellee Mechoopda Indian Tribe of Chico Rancheria, California. With him on the brief were Michael J. Anderson and Matthew J. Kelly.

Dissenting opinion filed by Circuit Judge ROGERS.


RANDOLPH, Senior Circuit Judge.

I.

The issue in this appeal from the judgment of the district court arises from efforts of the Mechoopda Indian Tribe of Chico Rancheria in Butte County, California, to obtain federal approval to conduct gaming operations. The Indian Gaming Regulatory Act, 25 U.S.C. §§ 2701-2721, permits federally-recognized Indian tribes to conduct gaming on "Indian lands." The Act defines...

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