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JAMUL ACTION COMMITTEE v. SIMERMEYER

No. 17-16655.

974 F.3d 984 (2020)

JAMUL ACTION COMMITTEE; Jamul Community Church; Darla Kasmedo; Paul Scripps; Glen Revell; William Hendrix, Plaintiffs-Appellants, v. E. Sequoyah SIMERMEYER, Chairman of the National Indian Gaming Commission; David Bernhardt, Secretary of the U.S. Department of the Interior; Tara Katuk Mac Lean Sweeney, Assistant Secretary-Indian Affairs, U.S. Department of the Interior; Paula L. Hart, Director of the Office of Indian Gaming, Bureau of Indian Affairs; U.S. Department of the Interior; National Indian Gaming Commission; Raymond Hunter, Chairman, Jamul Indian Village; Charlene Chamberlain; Robert Mesa; Richard Tellow; Julia Lotta; Penn National, Inc.; San Diego Gaming Village, LLC; C.W. Driver, Inc.; United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2020.

Attorney(s) appearing for the Case

Kenneth R. Williams (argued), Sacramento, California, for Plaintiffs-Appellants.

Varu Chilakamarri (argued), William B. Lazarus , Judith Rabinowitz , and Barbara M.R. Marvin , Attorneys, Appellate Section; Eric Grant , Deputy Assistant Attorney General; Jeffrey H. Wood , Acting Assistant Attorney General; Environment and Natural Resources Division, United States Department of Justice, Washington, D.C.; Matthew Kelly , Office of the Solicitor, United States Department of the Interior, Washington, D.C.; Austin T. Badger , Office of the General Counsel, National Indian Gaming Commission, Washington, D.C.; for Federal Defendants-Appellees.

Frank Lawrence (argued) and Zehava Zevit , Law Office of Frank Lawrence, Nevada City, California, for Tribally-Related Defendants-Appellees.

Before: William A. Fletcher and Bridget S. Bade, Circuit Judges, and Barry Ted Moskowitz, District Judge.

OPINION

Since at least 1912, a small group of Kumeyaay Indians have lived on a two-acre plot of land in Rancho Jamul, California, deeded to the Roman Catholic Diocese of Monterey and Los Angeles for use as an Indian cemetery. In 1981, the families residing there organized under the Indian Reorganization Act...

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