The future of the Cowlitz Tribe’s 0 million ilani Casino Resort in Washington state, which is supposed to open in April, has been put in limbo due to a court challenge, and the fact that a new Attorney General will be taking office soon.
The tribe has so far won all of its legal, regulatory and political challenges as it moved to opening the casino. However, a petition filed with the Supreme Court by opponents seeks to reverse the decision putting the land into trust. Because of the change of administrations, the high court has agreed to give the U.S. Department of Justice more time to address the petition, until February.
It is not known whether Attorney General nominee Jeff Sessions will want to defend the tribe. If the Supreme Court does not address by the petition by April 17 it is possible the casino will be delayed indefinitely.
Opponents, Citizens Against Reservation Shopping, are hoping their petition will attract the interest of the Supreme Court because it cites the 2009 Carcieri v. Salazar decision in which the court ruled that land cannot be put into trust by a tribe that was not “under federal jurisdiction” in 1934. The tribe won federal recognition in 2000. The Obama administration felt that it was under federal jurisdiction before that because the government once tried to negotiate a treaty with it.
The cases of several other tribes in the U.S. are also tied up in this interpretation. These include tribes that weren’t recognized until a few years ago, and yet put land into trust for casinos.
The disposition of the case may rely on how soon the nomination of Judge Neil Gorsuch to the Supreme Court by Donald Trump is dealt with.
