Koi Nation‘s plans for a proposed Sonoma County tribal casino have been delayed indefinitely after a federal judge granted a temporary restraining order to the Federated Indians of Graton Rancheria last week.
The ruling by Judge Rita Lin came in response to the lawsuit FIGR filed against members of the United States Department of Interior and Bureau of Indian Affairs at the beginning of December.
FIGR’s suit alleged that members of the Interior and BIA didn’t exercise proper due diligence when green-lighting Koi Nation’s plan to build Shiloh Resort and Casino.
The Northern California casino project, which was first introduced three years ago, faces another lengthy hurdle following Judge Lin’s decision.
Graton Rancheria Chairman Greg Sarris said in a statement:
“The court decision was absolutely correct in understanding the haste with which the Department of Interior is trying to push the Koi decision forward and issuing an injunction.”
Lin’s ruling supports FIGR’s claims that Interior and BIA rushed review
While Lin’s judgment is by no means a final verdict, it does substantiate FIGR’s claims to a degree. These claims revolve heavily around the site in Windsor where the proposed Shiloh Resort and Casino would stand.
FIGR argued that the BIA rushed its review of the Koi Nation’s claims that it has ancestral ties to Windsor. It also believes these 68 acres of land along E. Shiloh Road at Old Redwood Highway that Koi acquired in September 2021 should be taken into the federal trust.
The federal trust component is an integral aspect of the dispute between FIGR, the BIA, and Koi Nation. In November, the BIA released its Final Environmental Impact Statement on the Koi tribal casino. Doing so opened a 30-day public comment period.
Once the 30-day window closed on Dec. 22, the expectation was that the Interior would take the land in question into the federal trust. However, Lin’s decision to grant FIGR a temporary restraining order came two days earlier on Dec. 20.
As such, the federal order prevents the BIA and Interior from taking the property into the federal trust until the next court hearing on Jan. 9. Then, representatives from both federal agencies and attorneys from Koi Nation and FIGR will provide Lin with additional arguments.
There is, however, an expectation that both sides will submit more documents before then.
State attorneys, Koi Nation disagree with judge’s ruling
With the project officially on hold, it is no surprise that the state and Koi Nation objected to Lin’s decree.
Following the ruling, U.S. attorneys said FIGR had no grounds to stop the process because the land had not yet been taken into the federal trust. They continued by arguing that FIGR did not sufficiently prove to its members, or the public, that a swift BIA decision would be harmful.
State representatives also believe that proper due diligence took place during the review process. This includes a site survey and canine forensic search for human remains on the property, which did not unearth any human remains.
The only cultural item retrieved during the search was a single piece of chipped obsidian.
However, FIGR recalled the search much differently in its appeal for a restraining order, according to The Press Democrat. The local outlet said FIGR’s lawyers argued that the search took place “in deplorable weather conditions.”
That said, both sides will soon get another crack at making their case in front of Lin.
Windfall from federal election may affect temporary order
While the parties will meet again on Jan. 9, it’s what might happen in the following days that will be of great interest to all stakeholders.
Lin’s temporary order is expected to run through Jan. 20, which also marks the inauguration of President-elect Trump and the exit of current Interior Secretary Deb Haaland.
Haaland, a member of the Laguna Pueblo tribe, is the first tribal member to head the Interior. During her tenure, Haaland has often been a proponent of speeding up the land-to-trust process. While the belief is that her likely successor, former North Dakota Gov. Doug Burgum (R), will do the same, the possibility of overturning the previous Interior decision looms.
Notably, the first Trump administration overturned a decision made by President Barack Obama’s Interior that initially deemed land in Massachusetts sovereign. The reversed ruling halted construction of a $1 billion tribal casino resort in Taunton.
Put it all together, and the coming weeks will be integral to the contentious Shiloh Resort and Casino project’s outlook.
