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AMADOR COUNTY, CAL. v. SALAZAR

No. 10-5240.

640 F.3d 373 (2011)

AMADOR COUNTY, CALIFORNIA, Appellant v. Kenneth Lee SALAZAR, Secretary, United States Department of the Interior, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 6, 2011.

Attorney(s) appearing for the Case

Dennis J. Whittlesey argued the cause and filed the briefs for appellant.

Katherine W. Hazard , Attorney, U.S. Department of Justice, argued the cause for appellees. With her on the brief was Kathryn E. Kovacs , Attorney. Susan L. Pacholski , Attorney, and R. Craig Lawrence , Assistant U.S. Attorney, entered appearances.

Mark C. Tilden and Padraic McCoy were on the briefs of amicus curiae Buena Vista Rancheria of Me-Wuk Indians in support of appellees.

Opinion for the Court filed by Circuit Judge TATEL.

TATEL, Circuit Judge:

Pursuant to the Indian Gaming Regulatory Act, the Buena Vista Rancheria of Me-Wuk Indians entered into a compact with the state of California to engage in gaming on its tribal land and then petitioned the Secretary of the Interior for approval of that compact. Under the Act, "[i]f the Secretary does not approve or disapprove a compact . . . [within] 45 days. . . the compact shall be considered to have been approved by the Secretary, but only...

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