In a challenge to the National Indian Gaming Commission's (NIGC) approval of an Indian tribe's proposed casino, dismissal of the complaint is affirmed where the NIGC did not have a duty under the Indian Gaming Regulatory Act to make an Indian lands determination in 1993 before approving the tribe's non-site-specific proposed gaming ordinance.
Argued and Submitted March 11, 2009
Filed July 15, 2009
Opinion by Judge Fletcher
Partial Concurrence and Partial Dissent by Judge Gould
Brian D. Amsbary, Groen Stephens & Klinge, LLP, Bellevue, WA