Opponents of the Elk Grove casino proposed by the Wilton Rancheria near Sacramento have asked a federal judge to grant them summary judgment in their challenge of the process that put the land into trust.
Stand Up for California and three residents of the town October 1 filed the motion that challenges the action by the Bureau of Indian Affairs earlier this year that put 36 acres in the Outlet Collection at Elk Grove into trust.
Two days after that Governor Jerry Brown signed the bill ratifying the tribal state gaming compact with the Wilton Rancheria.
According to Cheryl Schmit, director of Stand Up, which is a California casino watchdog group, the lawsuit, “challenges whether or not on January 19 Principal Deputy Secretary Larry Roberts had the authority to make a determination to take the land into trust for the Wilton (Rancheria) tribe and the city of Elk Grove.” She told the Elk Grove Citizen: “Likewise, it challenges whether on Feb. 10, Acting Assistant Secretary at the time, Michael Black, had the authority to assume the Interior Board of Indian Appeals complaint and dismiss it.”
This challenge revolves around the confusion that took place as the Trump administration replaced the Obama Administration. Schmit argues that federal regulations require that only the secretary of the interior, assistant secretary or acting secretary can make such a finding. “Regulations state very specifically that you have to either be the secretary of the interior, the assistant secretary or an acting secretary to make this record of decision for gaming on January 19. Larry Roberts did move to be an active secretary, but his authority ended 210 days after he took that position.”
Wilton Rancheria Tribal Chairman Raymond Hitchcock told the Citizen that the tribe is moving forward and plans a groundbreaking for the casino next summer.
