By Phil Riske | Managing Editor, Rose Law Group Reporter
In a new opinion, The Ninth Circuit Court of Appeals has concluded the Secretary of the Department of Interior erred in concluding that Congress intended to permit “county islands,” such as the proposed casino property to be taken into trust by the Bureau of Indian Affairs (BIA.)
At issue is a the Gila Bend Act that provides, in part, the BIA cannot take lands into trust that lie “within the corporate limits of any city or town.” The property in this case exists on a county island fully surrounded by the City of Glendale.
After lengthy analysis, the court ruled the statute and existing Arizona law are ambiguous with respect to whether county islands sit “within the corporate limits” of the surrounding municipality. Because the Interior secretary incorrectly ruled. the statute is unambiguous, the Ninth Circuit remanded the case to newly confirmed Secretary Sally Jewell with instructions to proceed with a “step two” analysis, “bring . . . expertise to bear to interpret the provision anew.”
Disclosure: Rose Law Group represents leaders of the Arizona House and Senate in the lawsuit against the casino proposal.
