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NEBRASKA EX REL. BRUNING v. U.S. DEPT. OF INTERIOR

No. 09-1657.

625 F.3d 501 (2010)

State of NEBRASKA, ex rel. Jon BRUNING, Attorney General of the State of Nebraska; State of Iowa, ex. rel. Thomas J. Miller, Attorney General of Iowa, Appellees, City of Council Bluffs, Iowa, Intervenor-Appellee, v. UNITED STATES DEPARTMENT OF INTERIOR; Dirk Kempthorne, in his official capacity as Secretary of the United States Department of the Interior; National Indian Gaming Commission; Philip N. Hogen, in his official capacity as Chairman of the National Indian Gaming Commission; Cloyce V. Choney, in his official capacity as Vice Commissioner of the National Indian Gaming Commission; Norman H. Desrosiers, in his official capacity as Commissioner of the National Indian Gaming Commission, Appellants, Ponca Tribe of Nebraska, Amicus on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: October 19, 2010.

Attorney(s) appearing for the Case

Jonathan Lynwood Abram , argued, Washington, DC ( Audrey E. Moog , Washington, DC, John R. Lundquist , Assistant Attorney General, Des Moines, IA, Katherine J. Spohn , Assistant Attorney General, Lincoln, NE, Richard Wade , City Attorney, Council Bluffs, IA, Thomas D. Waterman and Stacey L. Hall , Davenport, IA, on the brief), for appellees.

James T. Meggesto , argued, Washington, DC ( Patricia A. Millett and Chastity E. Bedonie , Washington, DC, on the brief), for amicus curiae on behalf of appellant, Ponca Tribe of Nebraska.

James C. Kilbourne , argued, U.S. Dept. of Justice, Environment & Natural Resources Div., Washington, DC ( S. Craig Alexander and Mary Gabrielle Sprague , U.S. Dept. of Justice, Environment & Natural Resources Div., Jonathan R. Damm , U.S. Dept. of the Interior, and Maria Getoff , National Indian Gaming Com'n, Washington, DC, on the brief), for appellants.

Before SMITH and COLLOTON, Circuit Judges, and KORNMANN, District Judge.

SMITH, Circuit Judge.

The United States Department of the Interior (DOI) and National Indian Gaming Commission (NIGC) appeal from the district court's judgment reversing and vacating the NIGC's decision concluding that the Ponca Tribe of Nebraska's ("the Tribe") five-acre parcel in Carter Lake, Iowa, was eligible for gaming under the Indian Gaming Regulatory Act (IGRA) as land taken into trust as part of "the restoration of lands for an Indian tribe that is restored...

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