ELR Citation: 50 ELR 20131
No(s). 18-16830 (9th Cir. May 27, 2020)

The Ninth Circuit affirmed in part and vacated in part summary judgment for DOI in a challenge to its issuance of secretarial procedures authorizing a Native American tribe to operate a hotel and casino in Madera, California. Nonprofit groups argued that issuance of the procedures violated NEPA and the CAA. The district court held that DOI lacked discretion under the Indian Gaming Regulatory Act (IGRA) to consider any applicable federal laws besides IGRA and thus was categorically excluded from completing an EIS under NEPA and a conformity determination under the CAA. On appeal, the court found that the district court erred because the IGRA does not categorically bar application of NEPA or the CAA. The groups also argued the procedures violated the APA because they were inconsistent with the Johnson Act's prohibition of certain gaming devices on Indian lands, but the court concluded that gaming conducted pursuant to the procedure was not subject to the Johnson Act. It therefore affirmed summary judgment for DOI with respect to the groups' Johnson Act claim, but vacated and remanded with respect to their environmental claims.