Thank you for sharing!

Your article was successfully shared with the contacts you provided.
Submitted: January 12, 2010

Before SMITH and COLLOTON, Circuit Judges, and KORNMANN,*fn1 District Judge.

The United States Department of the Interior (DOI) and National Indian Gaming Commission (NIGC) appeal from the district court’s judgment reversing and vacating the NIGC’s decision concluding that the Ponca Tribe of Nebraska’s (“the Tribe”) five-acre parcel in Carter Lake, Iowa, was eligible for gaming under the Indian Gaming Regulatory Act (IGRA) as land taken into trust as part of “the restoration of lands for an Indian tribe that is restored to Federal recognition” pursuant to 25 U.S.C. § 2719(b)(1)(B)(iii) (“the restored lands exception”). In reaching its decision, the NIGC had concluded that a purported agreement between the Tribe’s attorney and the State of Iowa acknowledging that the parcel was not eligible for gaming under this provision, as documented in a notice published by the Bureau of Indian Affairs (BIA), was not a relevant factual circumstance in determining whether the restored lands exception applied. The State of Iowa, State of Nebraska, and City of Council Bluffs, Iowa, (collectively, “the States”) appealed to the district court, which reversed the NIGC’s decision as unlawful, arbitrary, and not well-reasoned. On appeal, the DOI and NIGC argue that, once the district court corrected the NIGC’s legal error by holding that the agreement and notice were relevant factual circumstances, it should have remanded the case to the NIGC to allow it to make a new decision based on all relevant factors. We now remand the case to the district court with instructions to remand to the NIGC for reconsideration of its restored lands analysis in accordance with this opinion.

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

The Asia Legal Awards (ASLA) 2023

March 30, 2023

Where the region's top lawyers, law firms and in-house teams will gather to celebrate their most stellar achievements of the year.

Learn More

GlobeSt Net Lease Spring 2023

April 03, 2023 - April 04, 2023
New York

This conference brings together the industry's most influential & knowledgeable real estate executives from the net lease sector.

Learn More

Consulting Rising Stars of the Profession 2023

April 20, 2023
Chicago, IL

Consulting magazine is proud to recognize this unique group of movers & shakers at our annual Rising Stars of Profession awards.

Learn More


0-5 year associate attorney needed for a civil litigation firm in the Buckheadarea. Great opportunity for advancement. Salary will be commen...

Apply Now ›

Litigation Associate (Hybrid Schedule)

Duane Morris LLP has an opening for Litigation Associate with 2-3 years of experience to join its Trial Practice Group in Houston. The candi...

Apply Now ›

Corporate Associate (Hybrid Schedule)

Duane Morris LLP has an opening in its Houston office for a corporate associate to join its growing practice. The ideal candidate will hav...

Apply Now ›



Aaronson Rappaport Feinstein & Deutsch, LLP mourns the loss of cofounder and original Managing Partner, Mark B. Feinstein.

View Announcement ›



Lawyers of Distinction would like to announce...

View Announcement ›



Snyder Sarno D'Aniello Maceri & daCosta would like to announce that...

View Announcement ›