The United States District Court for the District of Columbia has issued
a significant ruling in favor of Scotts Valley Band of Pomo Indians, denying
motions to intervene filed by competing tribes in the Tribe's ongoing legal
challenge against the Department of the Interior.
The court held that none of the proposed tribal intervenors—including the
Yocha Dehe Wintun Nation, Kletsel Dehe Wintun Nation, and the United Auburn
Indian Community —had Article III standing to intervene in the lawsuit, which
challenges the Department's March 27, 2025 rescission of its earlier gaming
eligibility determination for the Tribe's trust land in Vallejo, California.
"This is an important decision affirming that speculative or indirect
interests do not justify interfering in Scotts Valley's pursuit of justice,"
said Patrick R. Bergin, Managing Partner of Peebles Bergin Schulte &
Robinson LLP and counsel to the Scotts Valley Band. "We appreciate the Court's
clear and principled application of standing doctrine and its recognition that
the Tribe deserves a fair and timely resolution of its claims without
unnecessary delay."
In its ruling, the Court found that the proposed intervenors had not
demonstrated any imminent or redressable injury tied to the challenged
rescission. It also denied their alternative request for permissive
intervention, citing the risk of undue delay and prejudice to the existing
parties. The Court invited the proposed intervenors to file amicus briefs if
they wish to express their views.
The case arises from the Department of the Interior's abrupt reversal in
March 2025 of its January 2025 decision that had granted the Tribe both trust
status and gaming eligibility for the Vallejo site. The Tribe has sued under
the Administrative Procedure Act, asserting that the rescission was unlawful
and procedurally flawed.
Peebles Bergin Schulte & Robinson LLP is honored to represent Scotts
Valley in this critical litigation as the Tribe defends its restored homeland
and its right to pursue self-determination and economic development through
Indian gaming.
The case is Scotts Valley Band of Pomo Indians v. Douglas Burgum, et
al, 1:25-cv-00958 (TNM) (D.D.C. 2025).
The Tribe is represented by Patrick R. Bergin and Conly J. Schulte of
Peebles Bergin Schulte & Robinson LLP, and by Arlinda F. Locklear.