February 28, 2024
Alturas Indian Rancheria successfully secured a significant
legal victory in its lawsuit against Governor Gavin Newsom and the State of California.
The United States District Court has ruled in favor of Alturas's motion for
summary judgment, finding that the State did not negotiate in good faith for a
new tribal-state gaming compact as mandated by the Indian Gaming Regulatory
Act.
The court's decision underscores the State's failure to
adhere to its legal obligations during negotiations, particularly its
insistence on including off-list topics in its discussions. This ruling not
only affirms the sovereign rights of Alturas but also sets a precedent for the
fair and equitable treatment of tribal nations in compact negotiations.
As a result of the court's order, negotiations between
Alturas and the State are to resume under the court's supervision. The parties
are directed to reach an agreement that respects the interests of both parties
within a framework that honors the principles of good faith and fairness.
The Peebles Kidder team representing Alturas in this case
includes partners John M. Peebles, Patrick R. Bergin, Michael A. Robinson, and
Tim Hennessy, as well as Of Counsel
Steve Bloxham.
The case is Alturas Indian Rancheria v. Newsom, et
al, case number 2:22-cv-01486, in the U.S. District Court for the Eastern
District of California.