Jewell

MEMORANDUM AND ORDER

The matter is before the Court on cross motions for summary judgment brought by Plaintiffs No Casino in Plymouth and Citizens Equal Rights Alliance’s (“Plaintiffs”); Federal Defendants John Rydzik, the U.S. Department of Interior, Amy Dutschke, Tracie Stevens, Kevin Washburn, the. National Indian Gaming Commission, Paula Hart, and Sally Jewell (“Defendants”); and Defendant Intervenors the lone Band of Miwok Indians (“Defendant Intervenors”). For the reasons discussed below, Plaintiffs’ Motion for Summary Judgment (ECF No. 72) is DENIED. Defendants’ Motion for Summary Judgment (ECF No. 90) is GRANTED. Defendant Intervenors’ Motion for Summary Judgment (ECF No. 91) is GRANTED.

INTRODUCTION

This lawsuit presents a challenge to the Record of Decision (“ROD”), issued on May 24, 2012, by Donald Laverdure, Acting Assistant Secretary of Indian Affairs, Department of the Interior, 2 concerning the acquisition of the Plymouth Parcels property in trust for the lone Band of Miwok Indians, in anticipation of the construction of a gaming-resort complex. Plaintiffs’ First Amended Complaint in this action states five causes of action, which are:

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