Peebles Bergin Schulte & Robinson LLP is pleased to announce that the United States District Court for the District of Columbia has ruled in favor of the firm's client, the Scotts Valley Band of Pomo Indians.
The Court held that the Department of the Interior violated the Tribe's Fifth Amendment right to due process when it rescinded—without notice or an opportunity to be heard—the Department's January 10, 2025 decision determining that the Tribe's Vallejo trust parcel qualified as "restored lands" eligible for gaming under the Indian Gaming Regulatory Act (IGRA).
Judge Trevor N. McFadden's decision sets aside Interior's March 27 rescission and reaffirms that the Tribe's gaming eligibility remains in effect unless and until Interior lawfully reconsiders the determination with proper process.
"The Court's decision reaffirms that the federal government cannot revoke a tribe's rights without fair process," said Patrick R. Bergin, Partner. "Scotts Valley welcomes this ruling, which restores the Tribe's gaming eligibility and ensures that Interior must follow the law before taking it away."
The ruling underscores the fundamental principle that once an Indian tribe has secured a final gaming determination and trust acquisition, federal agencies must adhere to constitutional and procedural safeguards before attempting to alter or rescind those decisions.
Peebles Bergin Schulte & Robinson LLP has represented the Scotts Valley Band throughout the ten year administrative process, including its successful challenge to the Department's prior 2019 denial and the subsequent approval of the Vallejo trust parcel as "restored lands" for gaming purposes.
The case is Scotts Valley Band of Pomo Indians v. Burgum, Case No. 1:25-cv-00958 (D.D.C.). The Tribe is represented in this case by Patrick Bergin, Conly Schulte, and Tim Hennessy.