ELR Citation: ELR 20007
No(s). 05-5206 (D.C. Cir. Jan 6, 2006)

The court dismisses a group of residents' claims challenging the Bureau of Indian Affairs' (BIA's) decision to take certain land into trust for the Pokagon Band of Potawatomi Indians so that it could be used in part for a proposed casino. The BIA's preparation of an environmental assessment rather than an environmental impact statement was proper, its handling of the casino's potential impact on air quality was neither arbitrary and capricious nor an abuse of its discretion, and the agency's cumulative impacts analysis was sufficient. In addition, the language and legislative history of the Restoration Act clearly demonstrate that the Pokagon Band is a "restored" tribe within the meaning of the Indian Gaming Regulatory Act, and §6 of the Restoration Act constitutes a lawful delegation of power from Congress to the Secretary of the Interior.

[A prior decision in this litigation is published at 35 ELR 20063.]