Sonoma County Fire Chief v. Dry Creek Rancheria Band

MEMORANDUM *

The district court ruled against the Sonoma County Fire Chief (County) on the County’s lawsuit for an inspection warrant, dismissing in part and granting summary judgment against the County in part. The County appeals. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

The district court properly had jurisdiction over this case, as the County’s complaint raised a federal question by arguing that Public Law 280 ( 18 U.S.C. § 1162 ; 28 U.S.C. § 1360 ) and federal case law allowed the County to enforce fire codes on the casino. See 28 U.S.C. § 1331 . Thus, it was proper for the district court to refuse to remand after the Dry Creek Ranchería Band of Porno Indians (Tribe) had removed the case from state court. See 28 U.S.C. § 1441 (b).

The district court also correctly held that the County could not enforce fire codes on reservation lands. Under California v. Cabazon Band of Mission Indians, 480 U.S. 202, 207-10 , 107 S.Ct. 1083 , 94 L.Ed.2d 244 (1987), Public Law 280 does not authorize states to enforce eivil/regulatory laws on tribal land, and the fire codes in question here fall into that category. Much as the state regulates driving through the…