The Mashpee Wampanoag tribe’s Project First Light Casino has dimmed but not completely extinguished its construction efforts at Taunton in the face of a federal judge’s ruling that the federal government in September acted wrongly in putting land in Taunton into trust for the tribe.
Nevertheless, the 2,000-member tribe’s efforts have shifted from all-out building to something described as a “holding pattern.” This work includes filling in trenches that were excavated, taking steps to prevent soil erosion this winter and securing the large earth moving machines and the 2,000 tons of steel that are now sitting unused in the Liberty & Union Industrial Park.
Two weeks ago a U.S. District Judge ruled in favor of a group of 25 East Taunton residents who took on the David vs. Goliath challenge of trying to stop an Indian casino—and succeeded, at least for the moment.
Judge William Young ruled that the U.S. Department of the Interior in 2015 could not legally place the 151 acres in Taunton and 170 in Mashpee into trust because of the 2009 Carcieri v. Salazar decision of the U.S. Supreme Court that ruled that tribes recognized after 1934 could not put land into trust. The Mashpees achieved federal recognition in 2007.
However, the Department, in taking the land into trust, noted the tribe’s longtime existence and relations going back to when tribal members supposedly greeted the Pilgrims when they landed at Plymouth Rock.
Last week Mashpee Chairman Cedric Cromwell commented that the project was “a juggernaut you don’t stop on a dime.” Having said that, however, Cromwell conceded that while the Department of the Interior appeals the decision that “the on-site activity now is only to render it safe and to secure tribal assets.”
Cromwell also insisted that the tribe’s backer, the Genting Group of Malaysia, is so far not backing out of the project. To the contrary, Resorts World Massachusetts, the Genting subsidiary in charge of the project, declared last week: “Genting Group remains committed to First Light and stands with the Mashpee Wampanoag Tribe and the City of Taunton.”
The tribe (through Genting) is continuing to pay the $8 million annual payment called for in the tribal-city agreement. That includes installation of water mains, part of an upgrade of the city’s infrastructure. That is taking place on schedule this month.
Meanwhile the town of Taunton has confirmed that it will continue to honor the agreement that it signed in January with the tribe until the dust settles on the judgment. That agreement commits the tribe and the town to come to each other’s assistance in the case of emergencies such as fires.
The town’s attorney, Patrick Costello, noted that Judge Young did not taken the extreme action that he could have taken in the case, which would have been to overturn the Department’s action.
According to the Cape Cod Times Costello told the town council, “When a government official has been determined not to have the authority to take action, typically that would result in the underlying action being null and void.” He added, “Judge Young could have vacated the decision of the secretary of the Interior, but he did not expressly do that. … It was remanded to the secretary for further consideration consistent with this opinion. I can only speculate why this action was taken.”
He added that it was likely the Department will file a request for the judge to clarify the status of the land. He advised the town to wait before doing anything.
He added, “We can only hope the appeal will be expedited.”
