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BIG LAGOON RANCHERIA v. CALIFORNIA

Nos. 10-17803, 10-17878.

741 F.3d 1032 (2014)

BIG LAGOON RANCHERIA, a federally recognized Indian tribe, Plaintiff-Appellee-Cross-Appellant, v. State of CALIFORNIA, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 21, 2014.

Attorney(s) appearing for the Case

Peter H. Kaufman (argued) and Randall A. Pinal , Deputy Attorneys General, San Diego, CA, for Defendant-Appellant-Cross-Appellee.

Peter J. Engstrom , Baker & McKenzie LLP, San Francisco, CA, for Plaintiff-Appellee-Cross-Appellant.

Opinion by Judge BLOCK; Dissent by Judge RAWLINSON.

OPINION

BLOCK, District Judge:

The State of California ("the State") has entered into an agreement allowing Big Lagoon Rancheria ("Big Lagoon") to operate a casino on an eleven-acre parcel of land in Humboldt County, California. It did so, however, only because the district court ordered it to negotiate with Big Lagoon under the Indian Gaming Regulatory Act ("IGRA"), 25 U.S.C. §§ 2701-2721. The State appeals that order and, for the following reasons...

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