Cachil Dehe Band v. State of California

BACKGROUND

In 1988, Congress enacted the Indian Gaming Regulatory Act (“IGRA”) “to provide a statutory basis for the operation of gaming by Indian tribes as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments.” 25 U.S.C. § 2702(1). IGRA recognizes three classes of gaming. 25 U.S.C. § 2703(6)-(8). Slot machines and equivalent gaming devices, which are the exclusive sub- ject of this litigation, are Class III games. See 25 U.S.C. § 2703(7)(B)(ii), (8). Under the statute, a tribe may conduct Class III gaming activities only “in conformance with a Tribal-State compact entered into by the Indian tribe.” 25 U.S.C. § 2710(d)(1)(C).

In September 1999, Colusa entered into a gaming compact (the “Compact”) with the State of California, which sets forth various provisions relating to the operation of Class III gam- ing devices. See Tribal-State Gaming Compact Between the Colusa Indian Community and the State of California (Oct. 8, 1999). At the same time, sixty-two other tribes (the “Compact Tribes”) executed virtually identical bilateral compacts with the State (the “1999 Compacts”).1 See Artichoke Joe’s Cal. Grand Casino v. Norton, 353 F.3d…