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Judge Clears Way for California Tribal Casino

26 January 2005

CALIFORNIA – As reported by the Mountain Democrat: "A federal judge handed down a ruling Monday that has cleared away one more hurdle for the proposed Foothill Oaks Casino in Shingle Springs - but another could quickly be put in its place.

"Judge Garland E. Burrell ruled that the federal Bureau of Indian Affairs and the National Indian Gaming Commission had not violated the National Environmental Policy Act or the Clean Air Act when it declared that the planned casino-interchange project would not have a significant impact on the environment.

"…The county can appeal the decision to the 9th Circuit Court of Appeals. In addition to appealing the points addressed in Burrell's ruling, the county may also bring back the challenge to the Shingle Springs Band of Miwok Indians' tribal status. Burrell threw out that portion of the county's federal case because he said the statute of limitations had expired.

"Chief Assistant County Counsel Ed Knapp said he will seek the El Dorado County Board of Supervisors' approval to appeal the entire case. The county has spent more than $1 million thus far fighting the casino.

"…Tribal attorney Nick Yost said the tribe would handle the appeal as it comes…"

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