Confederated Tribes of Siletz Indians v. Oregon

OVERVIEW

The State of Oregon (“Oregon”) appeals the district court’s summary judgment grant *483 in favor of the Confederated Tribés of Siletz Indians in the Tribe’s action under the Indian Gaming Regulatory Act, 25 U.S.C. • §§ 2701-2721, enjoining Oregon from public release of a state investigative report concerning the Chinook Winds gambling casino. We reverse and remand.

FACTS AND PROCEDURAL HISTORY

Congress passed the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. §§ 2701-2721 , “to provide a statutory basis for the operation and regulation of gaming by Indian tribes.” Seminole Tribe of Florida v. Florida, 517 U.S. 44, 48 , 116 S.Ct. 1114, 1119 , 134 L.Ed.2d 252 (1996). Under IGRA, gaming is divided into three classes: I, II and III. Class III gaming, the type at issue here, is the most strictly regulated of the three. 1 Class III gaming may be conducted on Indian lands if: (1) authorized by the tribe seeking to conduct the gaming; (2) located in a State which does not bar such gaming; and (3) “conducted in conformance with a Tribal-State compact entered into by the Indian tribe and the State____” 25 U.S.C. § 2710 (d). ■

In 1994, the Confederated Tribes of Siletz Indians…