Judge says Interior can review Scotts Valley tribe’s rights but Vallejo casino plans can proceed

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Tribes sue to block Vallejo casino proposed by the Scotts Valley tribe on ancestral homeland grounds. Night cityscape of Vallejo

A federal decide in Washington has dominated that the Division of the Inside (DOI) violated the due course of rights of the Scotts Valley Band of Pomo Indians when it abruptly took again the tribe’s gaming eligibility for a proposed casino project in Vallejo, California. Nonetheless, Decide Trevor McFadden made clear that Scotts Valley can maintain transferring ahead with the mission even because the DOI continues reevaluating it.

Each Scotts Valley and the Yocha Dehe Wintun Nation, one of many major opponents of the mission, every referred to as the ruling a win for their very own facet.

“This victory is about greater than gaming. It’s about equity, tribal sovereignty, and the elemental proper of our individuals to maneuver ahead in constructing a brighter future,” Scotts Valley Chairman Shawn Davis instructed Lake County News.

This story's been up to date with Scotts Valley response, and what’s an uncommon factor in courts, either side are proud of consequence at the moment. Scotts Valley is thrilled to get gaming eligibility again, nevertheless Yocha Dehe is proud of what decide stated and that DOI will look into difficulty. https://t.co/kNCS6X7UrM

— Thomas Gase (@TgaseVTH) October 31, 2025

On the opposite facet, in an announcement offered to ReadWrite, Yocha Dehe Wintun Nation Chairman Anthony Roberts stated: “At this time’s court docket resolution appropriately reaffirms the Division of the Inside’s resolution to reevaluate this proposed on line casino, which might destroy irreparable cultural and ecological assets and has already been rejected three different occasions by the Division.

“Because the Division acknowledged in its letter saying its resolution to rethink the mission, this course of will assess all info and proof – revealing what historical past already makes clear: Scotts Valley has no historic connection to this land.”

“For years we’ve got labored with our federal, state, and native companions to make clear the failings on this course of,” Chairman Roberts continued. “We’re grateful the Division can proceed doing the appropriate factor by evaluating all proof. We’re assured this reconsideration course of will reveal the reality Scotts Valley has tried to cover from the very begin – their ancestral lands will not be in Vallejo, they usually by no means had been.”

The Scotts Valley Band Vallejo on line casino mission plan

The ruling comes as tensions develop between the Scotts Valley Band and a number of other close by tribes. The tribes argue that the Vallejo property doesn’t qualify as restored lands below the Indian Gaming Regulatory Act (IGRA) and {that a} new on line casino would put their very own gaming operations in danger.

Scotts Valley is planning to construct a $700 million, 400,000-square-foot on line casino advanced. The proposal additionally contains 24 houses and an administrative constructing on a 128-acre web site close to I-80 and Freeway 37 in Vallejo.

San Pablo Metropolis Council vote 12/9/2024 to ship this letter to Metropolis of Vallejo demanding a full environmental assessment of the proposed Scotts Valley On line casino Mission:https://t.co/pX687KSB7w
Not likely in regards to the setting.
The brand new on line casino would compete in opposition to San Pablo Lytton On line casino. pic.twitter.com/s4xr8lPxxo

— Kevin Dayton (@DaytonPubPolicy) December 7, 2024

Nonetheless, in an in depth 35-page memorandum opinion reviewed by ReadWrite, the US District Court docket for the District of Columbia described the entire dispute as centered on “an company’s reversal.” For nearly ten years, the Scotts Valley Band had been pursuing a belief acquisition and gaming willpower for the Vallejo web site.

In January 2025, within the ultimate days of former US President Joe Biden’s administration, the Division of Inside Secretary Doug Burgum accredited the belief acquisition and stated that “the Band could conduct gaming on the Vallejo Web site as soon as it’s acquired in belief.” The division executed the belief deed that very same day.

Lower than eleven weeks later, after substantial outreach from neighboring tribes together with the Yocha Dehe Wintun Nation and the Kletsel Dehe Wintun Nation, the Inside modified its place. In a March 27 letter, the company knowledgeable Scotts Valley that “the Division [was] quickly rescinding the Gaming Eligibility Willpower for reconsideration” as a result of “the Secretary [was] involved that the Division didn’t contemplate further proof submitted after the 2022 Remand.”

The DOI additionally warned the tribe that “neither the Tribe nor some other entity or particular person ought to depend on the Gaming Eligibility Willpower” whereas the company re-examined the case.

The decide stated that though the Inside Division’s option to take one other have a look at the problem wasn’t a ultimate company motion and couldn’t be reviewed below the Administrative Process Act, the non permanent rescission itself was ultimate and could possibly be challenged. The court docket rejected the tribe’s Administrative Process Act (APA) arguments, discovering that the Inside’s transfer match inside its inherent authority and that the file didn’t present “improper political affect.”

Inside accused of violating Scotts Valley tribe’s rights

However the court docket additionally discovered that the Inside violated the Fifth Modification as a result of the tribe’s unique gaming approval created a protected property curiosity. The decide wrote that the Band had “a professional declare of entitlement” to the January 10 gaming willpower and that the Inside had given “too little course of to rescind it.”

The Inside acknowledged that it didn’t give the tribe any advance discover earlier than pulling again its approval. Throughout that very same time, the company was holding a number of calls and conferences with neighboring tribes that opposed the mission. The court docket stated the one-sentence clarification the Inside supplied left the Band “lowered to guessing what proof can or needs to be submitted in response,” which wasn’t sufficient to satisfy fundamental due course of requirements.

The tribe stated it relied on the January approval when it signed contracts and dedicated virtually two million {dollars} to the mission. The court docket identified that these reliance claims weren’t sufficient to win below the APA, nevertheless it additionally made clear that the due course of violation didn’t depend upon how a lot the tribe had spent.

The neighboring tribes, together with Yocha Dehe, United Auburn, and Lytton Rancheria, have argued in separate fits that the DOI dedicated “authorized error” in approving the Vallejo web site in January.

In a single e-mail referenced within the opinion, a consultant for Yocha Dehe urged the division that “if an excessive amount of time passes, or if Scotts Valley begins breaking floor (or in any other case depends on the choice), there’s an actual danger Inside won’t achieve success and or could possibly be tied up in court docket.” The consultant added that the tribes “had a authorized problem all teed up.”

These fits stay pending.

The decide wrapped up his opinion by ruling that the Inside Division would get abstract judgment on the APA claims, whereas Scotts Valley would win on its due course of declare. This implies the Inside can proceed its reconsideration course of, nevertheless it has to offer the tribe correct procedural protections earlier than it will probably undo the tribe’s gaming eligibility.

Scotts Valley has stated the Vallejo on line casino mission is significant for rebuilding the tribe’s authorities and financial system, pointing to a marketing strategy that projected annual revenues of $243.5 million. As a result of Inside’s guidelines require tribes to hunt restored lands determinations inside 25 years of federal recognition, the court docket famous that “that is the Band’s final probability.”

UPDATE: Assertion from Yocha Dehe Wintun Nation added on October 31, 2025.

Featured picture: Canva

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