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FRANK'S LANDING INDIAN COMM. v. NAT'L INDIAN GAM.

No. 17-35368.

918 F.3d 610 (2019)

FRANK'S LANDING INDIAN COMMUNITY, a Federally-Recognized Self-Governing Dependent Indian Community, Plaintiff-Appellant, v. NATIONAL INDIAN GAMING COMMISSION; United States Department of The Interior; Jonodev Chaudhuri, in His Official Capacity as Chairman of the National Indian Gaming Commission; Tara Katuk Maclean Sweeney, in Her Official Capacity as Assistant Secretary of the Interior Indian Affairs, United States Department of the Interior; David Bernhardt, in His Official Capacity as Acting Secretary of the Interior, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 12, 2019.

Attorney(s) appearing for the Case

Scott David Crowell (argued), Crowell Law Office-Tribal Advocacy Group, Sedona, Arizona; Bryan T. Newland , Fletcher Law PLLC, East Lansing, Michigan; Alan S. Middleton , Law Offices of Alan S. Middleton PLLC, Lake Forest Park, Washington; for Plaintiff-Appellant.

Kevin W. McArdle (argued), Mary Gabrielle Sprague , and Devon Lehman McCune , Environment and Natural Resources Division; Eric Grant , Deputy Assistant Attorney General; Jeffrey H. Wood , Acting Assistant Attorney General; United States Department of Justice, Washington, D.C.; Samuel E. Ennis , Office of the Solicitor, Department of the Interior, Washington, D.C.; for Defendants-Appellees.

Before: N. Randy Smith and Morgan Christen, Circuit Judges, and Robert E. Payne, District Judge.

OPINION

Frank's Landing Indian Community (Community) appeals the district court's order granting summary judgment in favor of appellees Department of the Interior, its Secretary, and the Assistant Secretary-Indian Affairs. The Community, which is not a federally recognized tribe, challenges Interior's determination...

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