- Details
- By Brian Edwards
- Gaming
The Lytton Rancheria of California, Dry Creek Rancheria Band of Pomo Indians, and Cloverdale Rancheria of Pomo Indians filed a lawsuit in federal court on Feb. 21 challenging federal approval of the Koi Nation’s casino project near Windsor, Calif.
The lawsuit seeks to reverse the Department of Interior’s Jan. 13 decision to take a 68.6-acre parcel into trust for the Koi Nation’s proposed casino-resort in Sonoma County, arguing that federal officials rushed approval just days before the end of the Biden administration.
According to the complaint, the Koi Nation lacks any significant historical connection to the project site, which plaints say is required under the “restored lands” exception to the Indian Gaming Regulatory Act that allows gaming on certain trust lands acquired after 1988.
“Koi’s aboriginal territory is located around the southeastern portion of Clear Lake in Lake Country, California — about fifty (50) miles away,” the lawsuit states, noting that the project site is located within the historic territory of Southern Pomo tribes, including the plaintiffs.
The complaint alleges the Bureau of Indian Affairs failed to conduct meaningful consultation with the plaintiff tribes, ignored evidence contradicting the Koi Nation’s claims, and violated federal environmental laws during its review process.
The lawsuit also notes that Bryan Newland (Bay Mills Indian Tribe), who served as Assistant Secretary for Indian Affairs during the approval process, was a former attorney for Koi Nation. But Newland had recused himself at the beginning of his term from any work related to Koi's application for land-in-trust for gaming, and “wasn't involved in the review or the decision-making process,” he told Tribal Business News.
The Southern Pomo tribes further claim the decision provides preferential treatment to the Koi Nation compared to their own gaming approval experiences, which they say required “enormous efforts” over many years.
The January approval of the Koi Nation plan included both an Indian Lands Opinion and record of decision signed by Tony Dearman, director of the Bureau of Indian Education, which lacked proper authority for such decisions, the plaintiffs argue.
In a statment, the Koi Nation expressed confidence in the federal approval process, saying it is aware of the lawsuit and “looks forward to the U.S. Department of Justice’s defense of the Record of Decision issued by the U.S. Department of the Interior’s Bureau of Indian Affairs.”
A spokesperson for the DOI declined to comment, citing department policy to not comment on pending litigation.
At stake is a project that would include a 538,000-square foot casino with 2,750 gaming devices, a five-story hotel with 400 rooms and more than 5,000 parking spaces.
The Southern Pomo tribes are asking the court to void the BIA’s approval and remove the property from trust status.
The lawsuit comes as part of a broader pattern of controversial casino approvals in the final weeks of the Biden administration. As Tribal Business News previously reported, Koi Nation's project is one of three casino approvals granted just before the administration change, mirroring a situation in 2017 when Obama-era approvals were later revoked by the Trump administration.
Andy Mejia, chairperson of the Lytton Rancheria, indicated at the time that opponents will petition the incoming Trump administration to revoke these approvals, warning that they could set a "dangerous precedent" for off-reservation gaming. Legal experts suggest the courts will likely play a decisive role, particularly given recent Supreme Court decisions giving federal courts more power to challenge agency decisions like these BIA approvals.
Editor's Note: This story has been updated to include a statement from the Koi Nation, a response from the DOI, and to clarify Bryan Newland's recusal from the Koi Nation land-in-trust application process during his tenure as Assistant Secretary for Indian Affairs.
