919 F.3d 1148
9th Cir.2019Background
- The Chicken Ranch Rancheria of Me-Wuk Indians and the Chemehuevi Indian Tribe ("Tribes") executed substantively identical tribal‑state class III gaming compacts with California in 1999; Assistant Secretary approved and notice published.
- The 1999 Compact includes a Termination Provision setting a December 31, 2020 end date (automatically extending to June 30, 2022 absent a new/renegotiated compact).
- Tribes demanded the State concede that IGRA prohibits durational limits in compacts; State refused and litigation followed in the Central District of California.
- The district court granted summary judgment for California; Tribes appealed to the Ninth Circuit.
- Central statutory provision at issue: 25 U.S.C. § 2710(d)(3)(C), especially catch‑all subsections (vi) "standards for the operation" and (vii) "any other subjects directly related to the operation of gaming activities."
- The Ninth Circuit considered statutory text, structure, prior precedent, and Supreme Court authority to determine whether IGRA permits durational compact terms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether IGRA permits parties to negotiate durational limits in tribal‑state class III gaming compacts | Tribes: IGRA grants tribes an absolute right to conduct class III gaming once statutory prerequisites are met, so compacts cannot include durational limits | State: IGRA’s §2710(d)(3)(C)(vi)–(vii) are catch‑all provisions permitting negotiable subjects ‘‘directly related to the operation of gaming,’’ including duration | Held: IGRA’s plain language permits durational provisions; duration is at least "directly related to the operation of gaming activities," so Termination Provision valid |
Key Cases Cited
- Rumsey Indian Rancheria of Wintun Indians v. Wilson, 64 F.3d 1250 (9th Cir.) (discussing statutory construction and IGRA interpretation)
- In re Indian Gaming Related Cases (Coyote Valley II), 331 F.3d 1094 (9th Cir.) (upholding non‑enumerated compact provisions under §2710(d)(3)(C)(vii))
- Michigan v. Bay Mills Indian Community, 572 U.S. 782 (2004) (construing scope of "class III gaming activity" and noting bargaining leverage in compacts)