County of Amador v. United States Department of the Interior

Good Law
136 F. Supp. 3d 1193·2015 U.S. Dist. LEXIS 133482
United States District Court, Eastern District of CaliforniaSeptember 30, 2015Case No. 2:12-cv-01710-TLN-CKDCalifornia17,045 words

Opinion

Lead Opinion

Nunley, J.

*1197 MEMORANDUM AND ORDER

The matter is before the Court on Cross Motions for Summary Judgment filed by Plaintiff County of Amador (“Plaintiff’); Defendants the United States Department of the Interior (the “Department”), S.M.R. Jewell, and Kevin Washburn; and the lone Band of Miwok Indians (“Defendant Inter-venors”). (ECF Nos. 65, 82, and 84.) The Court has carefully considered the arguments raised in the parties filings, and has reviewed the attached exhibits and the relevant portions of the administrative record. For the reasons discussed below, Defendants’ Motion for Summary Judgment and Defendant Intervenors’ Motion for Summary Judgment are GRANTED. Plaintiffs Motion for Summary Judgment is DENIED.

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, 1 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. In summary, Plaintiff challenges are as follows: the Department’s determination to take the Plymouth Parcels…

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