Buffalo Creek Casino Case: The Challenges to the NIGC's Actions

As we explained last time, the NIGC twice approved the Seneca Nation's gaming ordinance in relation to the Buffalo Creek Casino.

First, in 2002, the NIGC approved an ordinance for gaming on unspecified lands. Then, in 2007, the NIGC approved an amended ordinance specifying the Buffalo parcel as the location for the casino. The 2007 approval expressly found that the parcel was "Indian lands," and qualified for the "settlement of a land claim" exception.

In the meantime, though, Citizens Against Casino Gambling in Erie County had filed federal suit. One of their challenges was to the NIGC's approval of the tribe's gaming ordinance. They claimed that the NIGC’s approval of the 2002 ordinance without making a determination that the lands in question (which, recall, were unspecified) were indeed Indian lands was arbitrary, capricious, an abuse of agency discretion, and contrary to law.

In 2007, right around the time the NIGC was reviewing the amended ordinance, the federal district court decided that in approving gaming ordinances, the NIGC was obligated to make an "Indian lands" determination: "[T]he NIGC is the gatekeeper for gaming on Indian lands and, when acting on a tribal gaming ordinance, it has a duty to make a threshold jurisdictional determination." The court further held that the NIGC's approval of the 2002 ordinance was therefore arbitrary and capricious, and vacated and remanded the agency’s approval.

Back to 2007 and the amended ordinance. In approving the amended ordinance, NIGC Chairman Hogen noted the court's decision regarding the 2002 ordinance, and stated, "Although we disagree with the Court's holding this site-specific ordinance moots the issues in that case."

Citizens Against Casino Gambling in Erie County disagreed, and filed another suit, which resulted in Judge Skretny's July 8, 2008 decision.

Whew! Up next: Judge Skretny's decision.