Behind the Curtain
Protecting Our Community: Understanding the Legal Fight Against the Vallejo Casino Project
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A Complex Legal Battle
Biden's Department of the Interior rushed to approve a large casino project proposed by the Scotts Valley Band of Pomo Indians in the City of Vallejo. This decision ignores statutory and regulatory requirements, and the serious concerns of state and local officials and other tribes.
Violation of the
National Environmental Policy Act (NEPA):
The environmental review was grossly inadequate.
Violation of the Indian Reorganization Act (IRA):
The DOI failed to properly consider mandatory factors in approving the land transfer.
Failure to Consult:
The DOI failed to properly consult with affected tribes and the public.
Rescission of Gaming Eligibility Determination:
Scotts Valley is challenging the DOI's efforts to right a wrong by reconsidering its January 2025 approval.
The Impact
The casino project could have significant environmental and economic impacts on the surrounding community.
The project threatens to harm the business of several nearby casinos, impacting local revenue and employment.
BROKEN PROMISES
Biden's Department of the Interior promised to treat all tribes fairly, to involve tribes in federal decisions that may affect them, and to protect tribal homelands.
How Previous Department of the Interior Leaders Failed
Shut out local voices
The Department excluded Patwin tribes from the decision-making process related to their own ancestral lands. A broad coalition of tribal governments, including local Patwin tribes, repeatedly requested that the Department of the Interior establish a fair, transparent, and fact-based review of Scotts Valley’s request for a “restored lands” determination. Ignoring those requests, the Department secretively directed the Bureau of Indian Affairs to proceed with Scotts Valley’s application, excluded concerned tribal stakeholders from the decision-making process, summarily rejected Freedom of Information Act requests for Scotts Valley’s application materials, and ultimately approved the project in the final days of the Administration.
Ignored established law and policy
The Department of the Interior has given away Patwin ancestral homelands to a Pomo tribe from more than 100 miles away, all for the benefit of wealthy Las Vegas casino investors.
The Department shut out local Patwin tribes, local governments, and the general public, despite numerous requests. There was no basis in law, policy, or common sense for this unprecedented secret land grab.
Played favorites
Why did the Department of the Interior favor Scotts Valley over other tribes? After all, the United States owes the same fiduciary duty to all tribal governments. No one knows for sure. But some say it’s because the Assistant Secretary for Indian Affairs was upset that his tenure at the agency at the time had yet to result in the approval of many high-profile tribal gaming projects or a desire to establish a precedent for off-reservation gaming for potential self-benefit. If true, that would be very disappointing. The Department of the Interior should exercise its authority to protect tribes in their homelands, not to advance one official’s personal agenda and pad resumes.
Cut corners on environmental reviews
The Department of the Interior worked in secret on an Environmental Assessment (“EA”) that rubber stamped the Scotts Valley project. The document was prepared by Scotts Valley’s paid contractors, without public notice or input from the City of Vallejo, Solano County, or interested tribal stakeholders – a clear violation of both federal law and the Department’s own policies.
