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Lawsuit filed over California casino project25 March 2025(PRESS RELEASE) -- The United Auburn Indian Community announced that it has filed a lawsuit in federal court challenging the U.S. Department of the Interior’s recent approval of the Scotts Valley Band of Pomo Indians’ casino project in Vallejo, California. The lawsuit argues that the approval violates multiple federal laws and regulations, including the Indian Gaming Regulatory Act, the National Environmental Policy Act, the Indian Reorganization Act, and the Administrative Procedure Act. UAIC, which owns and operates Thunder Valley Casino Resort, contends that the U.S. Department of the Interior’s approval was rushed and politically motivated, occurring just days before the end of the Biden Administration. The lawsuit further asserts that the Department failed to properly consult with impacted tribal governments, a clear violation of long-standing federal policy. The Yocha Dehe Wintun Nation and the Kletsel Dehe Wintun Nation, a gaming and a non- gaming tribe respectively, have filed a companion lawsuit seeking to overturn the U.S. Department of the Interior’s approval of the Scotts Valley Band of Pomo Indians’ casino project. Background on the Dispute Since 1991, the Scotts Valley Band of Pomo Indians has repeatedly attempted to establish an off- reservation casino far from its aboriginal homelands in Lake County. After previous unsuccessful applications were rejected—first in Richmond in 2012 by the Obama Administration and again in Vallejo in 2019 by the Trump Administration—Scotts Valley sued the U.S. Department of the Interior. In early 2024, a federal judge ordered the Department to reconsider the application. Rather than conduct a thorough and lawful review, the U.S. Department of the Interior rushed through approval on January 10, 2025, and made an outcome- oriented decision, just ten days before the end of the Biden Administration. The proposed casino would be a massive, 615,000 square-foot development located in an urban area at the intersection of Interstate 80 and Highway 37, a high-traffic corridor on sensitive habitat, near the gateway to the San Francisco Bay Area. This location—far from the tribe’s aboriginal homeland—raises serious concerns about encroachment upon the ancestral lands of other tribes, environmental impact, increased congestion, the protection of tribal cultural resources, and the precedent of placing casinos in densely populated urban areas under questionable legal authority. “The approval of this casino is a blatant violation of federal law and sets a dangerous precedent for tribes that have followed the established rules for Indian gaming,” said John L. Williams, Chairman of the United Auburn Indian Community. “For decades, our tribe has worked to uphold the integrity of the Indian Gaming Regulatory Act and prevent opportunistic gaming proposals that ignore history and harm responsible tribal governments.” Key Legal Violations Outlined in the Lawsuit 1. Indian Gaming Regulatory Act (IGRA): The Scotts Valley Band of Pomo Indians failed to demonstrate a significant historical connection through tribal presence in the Vallejo region, as required for a restored tribe seeking to acquire land in trust for gaming purposes. The U.S. Department of the Interior previously rejected Scotts Valley’s applications on two separate occasions for this reason, before abruptly reversing course. Moreover, the Department simply ignored key evidence showing that no historical connection exists between Scotts Valley and the proposed casino site. 2. National Environmental Policy Act (NEPA): The U.S. Department of the Interior failed to conduct a full Environmental Impact Statement (EIS), which would have required public hearings and a proper review of potential environmental harms. Instead, the Department opted for a hasty Environmental Assessment (EA) to push through the approval. Despite the massive scale of the casino and its potential impact on traffic, water resources, natural habitat and local communities, the U.S. Department of the Interior summarily concluded—without adequate review, without meaningful public input, and without reasoned justification—that the casino project would have no significant impact on the environment. 3. Indian Reorganization Act (IRA): The U.S. Department of the Interior did not apply the proper scrutiny required for taking land into trust for off-reservation gaming, disregarding conflicts with local land use regulations and failing to assess broader impacts as required under federal regulations. The applicable regulations require greater scrutiny as the distance between the proposed site and the tribe’s existing reservation increases. In this case, the distance is 100 driving miles and two counties away from the tribe’s traditional homeland. 4. Administrative Procedure Act (APA): Federal law prohibits government agencies from making arbitrary and capricious decisions. The lawsuit argues that the U.S. Department of the Interior’s rushed approval of the casino was arbitrary, capricious, a gross abuse of discretion, and ignored its own prior determinations. 5. Failure to Consult with Impacted Tribes: Federal law and U.S. Department of the Interior policy require consultation with affected tribal governments. For years, the United Auburn Indian Community requested consultation and attempted to submit comments to the U. S. Department of the Interior on the Scotts Valley application. For years, the Department of the Interior shut the United Auburn Indian Community out of the review process, along with other affected tribes. A Threat to Tribal Sovereignty and Responsible Gaming The United Auburn Indian Community has long advocated for fair and lawful gaming policies that protect tribal sovereignty and prevent the abuse of federal land trust regulations. If left unchallenged, this decision could pave the way for other tribes to seek gaming opportunities in locations with no legitimate historical connection—circumventing long-established regulations that ensure fairness among tribal nations. “The approval of the Scotts Valley Band of Pomo Indians’ casino threatens not only our tribe but all tribes that have worked within the legal framework of the Indian Gaming Regulatory Act,” said Chairman Williams of the United Auburn Indian Community. “If this decision stands, it opens the floodgates for off-reservation casinos in communities that have no historical or cultural ties to the tribes seeking them.” Legal Action and Next Steps The United Auburn Indian Community has retained the respected law firm Keker, Van Nest & Peters LLP to lead the litigation. The firm has successfully represented UAIC in previous legal matters. The lawsuit seeks to have the federal court overturn the U.S. Department of the Interior’s approval and require a lawful and thorough review of the Scotts Valley Band of Pomo Indians’ trust land application. “We are proud to represent the United Auburn Indian Community in vindicating its rights under federal law to participate meaningfully in this decision-making process. This a case where a flawed process led to a flawed decision—and that needs to be corrected,” Keker, Van Nest & Peters partner Elliot Peters said. “We are confident that the courts will recognize the numerous legal violations in this approval and will uphold the integrity of federal gaming laws,” said Chairman Williams. |