Free Daily Headlines :

  • COVID-19
  • Vaccine Info
  • Money
  • Politics
  • Education
  • Health
  • Justice
  • More
    • Environment
    • Economic Development
    • Gaming
    • Investigations
    • Social Services
    • TRANSPORTATION
  • Opinion
    • CT Viewpoints
    • CT Artpoints
DONATE
Reflecting Connecticut’s Reality.
    COVID-19
    Vaccine Info
    Money
    Politics
    Education
    Health
    Justice
    More
    Environment
    Economic Development
    Gaming
    Investigations
    Social Services
    TRANSPORTATION
    Opinion
    CT Viewpoints
    CT Artpoints

LET�S GET SOCIAL

Show your love for great stories and out standing journalism

Connecticut, tribes sue feds to break deadlock on third casino

  • by Mark Pazniokas
  • November 29, 2017
  • View as "Clean Read" "Exit Clean Read"

mark pazniokas :: ctmirror.org

Tribal leaders watch Gov. Dannel P. Malloy sign ceremonial copy of the East Windsor casino bill in July.

Backed by the administration of Gov. Dannel P. Malloy, the Mashantucket Pequot and Mohegan tribal nations filed a lawsuit Wednesday to force Interior Secretary Ryan Zinke to approve their gaming agreements with Connecticut and clear the way for them to jointly develop a commercial casino in East Windsor.

The lawsuit filed in U.S. District Court in Washington, D.C., comes one month after  the tribes and the state’s congressional delegation failed to move the Department of the Interior off its puzzling stance of neither rejecting nor approving amendments to the tribes’ gaming compacts.

The refusal to give a clear answer was a victory for MGM Resorts International, which has lobbied for two years in Hartford and Washington, D.C., to block the East Windsor casino and protect the market for an MGM casino scheduled to open next year in nearby Springfield.

By suing Zinke, Malloy and the tribes appear to be trying to move decision-making in the case away from the Department of the Interior to the Department of Justice, where lawyers now must decide how or whether to defend Zinke’s failure to meet timetables for reviewing amendments to gaming compacts.

The tribes had signaled their readiness to sue in October when two law firms with expertise in Indian gaming issues put Zinke on notice that the Indian Gaming Regulatory Act gave him only two options: To approve or disapprove the amendments within 45 days of receipt. Under federal law, inaction equates to approval, they said.

The only question was whether Malloy would direct Attorney General George Jepsen to join in the litigation. He indicated Wednesday it was not a hard call.

“The State of Connecticut over the years has maintained a longstanding partnership and compact with the Mohegan and Mashantucket Pequot tribal nations, and they employ thousands of Connecticut residents at their casinos,” Malloy said. “State law requires that these compact amendments are in fact approved. That’s why I have asked the attorney general to file this action. We need clarity and certainty with respect to this issue.”

Connecticut conditioned its authorization of the tribes’ East Windsor casino on Department of the Interior acceptance of the amendments to gaming compacts. That was a means of ensuring that allowing the tribes’ to develop a commercial casino off tribal land would not invalidate agreements that grant the tribes exclusive gaming rights in Connecticut in return for a 25 percent share of slots revenue at their tribal casinos, Foxwoods Resort and Mohegan Sun.

ctmirror.org

Interior Secretary Ryan Zinke wears a “veteran’s blanket” presented by the Mohegans in June. At right is Kevin Brown of the Mohegan tribe and a fellow vet.

The lawsuit claims Zinke ignored a 45-day deadline for acting on the amendments, as well as a second 90-day deadline for acknowledging its inaction in the Federal Register, which the state and tribes say would be tantamount to approval under IGRA, the Indian Gaming Regulatory Act.

“IGRA and its implementing regulations provide that, in the event the Secretary fails to affirmatively approve or disapprove a compact amendment, the Secretary must publish within 90 days of receipt, notice in the Federal Register that the amendment is ‘considered to have been approved,’ or is ‘deemed approved,’ by operation of law; IGRA and its implementing regulations leave the Secretary with no discretion to proceed in any other manner,” they said in the suit.

The Department of Interior has steadfastly refused to comment on the reasons for Zinke’s refusal to formally act on the gaming compact amendments.

Michael S. Black, a career BIA employee who is now the acting assistant secretary for Indian affairs, wrote a letter in September saying the Interior department saw no reason to act on the gaming amendments. That represented a stunning reversal, coming six months after another career official, James Cason, assured the tribes in writing that approval of amendments to the compact was virtually certain.

Uri Clinton, the senior vice president and legal counsel at MGM, said Black was within his rights in September to return the amendments without approval or rejection, saying that maintained the status quo.

“The tribes are wrong when they insist that their amendment is deemed approved by default,” Clinton said. “Approving a new, third casino is the opposite of maintaining the status quo.  Precedent shows that an amendment is not ‘deemed approved’ when Interior returns it, plain and simple. And no lawsuit, not even one backed by the governor, changes those basic facts.”

MGM intends to seek legislative authorization next year to build a casino in Bridgeport, giving it access to the New York market.

Cason and Zinke were honored by the Mohegans during a visit in June when the tribe hosted a meeting of the National Congress of American Indians. Zinke did not mention the casino issue in his remarks to the association and declined comment as he departed.

ctmirror.org

James E. Cason stands between Kevin Brown, left, and Rodney Butler.

At the time, Cason downplayed the role his letter played in neutralizing an MGM talking point to the legislature that the third casino would run afoul of the Bureau of Indian Affairs. His letter said that history was on the tribes’ side when they say that the Bureau of Indian Affairs or Department of the Interior have respected existing compacts between the states and tribes. “It was a simple matter,” he said in June.

The simple matter quickly grew complicated, the tribal leaders said Wednesday.

“This has been a long process and through every step along the way, we kept DOI informed about our intentions and were clear about exactly what we were asking them to do,” said Rodney Butler, the Pequots’ tribal chairman. “But despite this good faith effort and repeated assurances by the department, their failure to publish our approval letter has forced us to take this action.  We hope for a quick resolution as we move forward with our plans to build a new facility in East Windsor.”

Kevin Brown, the tribal chairman of the Mohegans, said Zinke’s failure to act should be a concern to all tribes.

“The Department of the Interior has a responsibility to Native American tribes, and their failure to act on this issue sets a very dangerous precedent for Indian Country across the United States,” Brown said. “The law is clear – after 45 days DOI did not disapprove our compact amendments, therefore it is deemed approved. By not doing so, the department is in clear violation of federal law.”

The tribes and state are asking the court to issue an order or writ of mandamus directing Zinke “to publish notice of approval of the compact amendments in the Federal Register” and declare the amendments have been approved as a matter of law.

U.S. Sens. Richard Blumenthal and Chris Murphy of Connecticut, as well as U.S. Reps. John B. Larson and Joe Courtney issued a joint statement supporting the legal action:

“The law is clear—the Department of the Interior has approved the amendments and must now publish such approval. Court action to require publication of approval is necessary because Interior’s inaction violated federal law. Interior must follow the law and do what is best for both the tribes and Connecticut.”

Courtney represents eastern Connecticut, home to the two tribes; Larson’s district includes East Windsor.

State Sen. Cathy Osten, D-Sprague, whose district includes Ledyard and Montville, home to the two tribal casinos, also welcomed the litigation.

“This is good news for eastern Connecticut, because there are more than 10,000 jobs in the region hanging in the balance with this federal decision. We passed a bipartisan bill nearly six months ago to defend ourselves against an outside effort to destroy jobs and decimate one of the most important industries in our state,” she said. “The federal government is now long past its deadline to act on the agreements that the representatives of the people of Connecticut have deemed vital to the health and prosperity of our state. I applaud the governor and tribes for their action today on behalf of the people of Connecticut and our best interests.”

Dentons, a global law firm, is representing the Pequots in the litigation. The Mohegans are represented by Drummond Woodsum, a New England firm whose specialties include Indian legal issues.

Sign up for CT Mirror's free daily news summary.

Free to Read. Not Free to Produce.

The Connecticut Mirror is a nonprofit newsroom. 90% of our revenue comes from people like you. If you value our reporting please consider making a donation. You'll enjoy reading CT Mirror even more knowing you helped make it happen.

YES, I'LL DONATE TODAY

ABOUT THE AUTHOR

Mark Pazniokas is the Capitol Bureau Chief and a co-founder of CT Mirror. He is a frequent contributor to WNPR, a former state politics writer for The Hartford Courant and Journal Inquirer, and contributor for The New York Times.

SEE WHAT READERS SAID

RELATED STORIES
Restaurants and other business can go back to full capacity on March 19 as Lamont rolls back COVID restrictions in CT
by Mark Pazniokas and Jenna Carlesso

Connecticut will eliminate COVID-19 capacity limits on restaurants, houses of worship, retailers and most businesses on March 19.

1,500 Hartford school staff to be vaccinated this week at pop-up clinic
by Adria Watson

Vaccinations are taking place Thursday and Friday. A second round will be scheduled in coming days.

Few tenants facing eviction have an attorney. Top lawmakers are poised to change that.
by Jacqueline Rabe Thomas

Legislation that would provide tenants facing eviction the "right to counsel" is a top priority for legislative leaders.

With billions in federal relief on the way to CT, legislators assert their role in deciding how to spend it
by Keith M. Phaneuf and Mark Pazniokas

With an unusual bill, state legislators are reminding Gov. Ned Lamont they have significant role in disbursing federal coronavirus relief.

The Board of Regents’ changes must not shortchange its students or faculty
by Carrie Andreoletti, PhD

As a university professor and a lifespan developmental psychologist, I tend to approach my work from a developmental perspective. This means I aim to foster a lifelong love of learning and to help others find a sense of meaning and purpose, as well as confidence in their ability to reach their goals. My approach to higher education is shaped by my desire to provide the best possible education for my students. This is why the recent Board of Regents’ proposed changes at the four state universities have me worried.

Support Our Work

Show your love for great stories and outstanding journalism.

$
Select One
  • Monthly
  • Yearly
  • Once
Artpoint painter
CT ViewpointsCT Artpoints
Opinion The Board of Regents’ changes must not shortchange its students or faculty
by Carrie Andreoletti, PhD

As a university professor and a lifespan developmental psychologist, I tend to approach my work from a developmental perspective. This means I aim to foster a lifelong love of learning and to help others find a sense of meaning and purpose, as well as confidence in their ability to reach their goals. My approach to higher education is shaped by my desire to provide the best possible education for my students. This is why the recent Board of Regents’ proposed changes at the four state universities have me worried.

Opinion How to close schooling opportunity gaps created by the pandemic
by Carol Gale

We ask school district leaders to trust your public servants whose daily work life involves assessing student needs and planning or modifying instruction to meet those needs. Listen to their voices, as we have, and allocate precious resources on interventions that will offer increased opportunities for Hartford students to succeed.

Opinion A new guide for schools: How to work with families this spring
by Michael Arrington and Erika Haynes

With months of remote and hybrid learning to go, families and educators continue to adapt and innovate to meet the moment. Since August, we’ve spoken with hundreds of parents, caregivers, family support groups, educators, and students across Connecticut and the country about things things that have worked --strategies, big and small, that have made this time more manageable and helped children learn and stay connected with peers.

Opinion Housing is a human right
by Tenaya Taylor

Nonprofit Accountability Group is a queer- and trans-led group based in Hartford that is dedicated to creating racial equity by directing resources to Black, Indigenous and People of Color (BIPOC) and disabled children and families. NAG was founded in 2020 as an organization with a transformative approach to implementing nonprofit accountability by creating relationships within the community, nonprofits, and their funders.

Artwork Grand guidance
by Anne:Gogh

In a world of systemic oppression aimed towards those of darker skintones – representation matters. We are more than our equity elusive environments, more than numbers in a prison and much more than victims of societal dispositions. This piece depicts a melanated young man draped in a cape ascending high above multiple forms of oppression. […]

Artwork Shea
by Anthony Valentine

Shea is a story about race and social inequalities that plague America. It is a narrative that prompts the question, “Do you know what it’s like to wake up in new skin?”

Artwork The Declaration of Human Rights
by Andres Chaparro

Through my artwork I strive to create an example of ideas that reflect my desire to raise social consciousness, and cultural awareness. Jazz music is the catalyst to all my work, and plays a major influence in each piece of work.”

Artwork ‘A thing of beauty. Destroy it forever’
by Richard DiCarlo | Derby

During times like these it’s often fun to revisit something familiar and approach things with a different slant. I have been taking some Pop culture and Art masterpieces and applying the vintage 1960’s and 70’s classic figures (Fisher Price, little people) to the make an amusing pieces. Here is my homage to Fisher -Price, Yellow […]

Twitter Feed
A Twitter List by CTMirror

Engage

  • Reflections Tickets & Sponsorships
  • Events
  • Donate
  • Newsletter Sign-Up
  • Submit to Viewpoints
  • Submit to ArtPoints
  • Economic Indicator Dashboard
  • Speaking Engagements
  • Commenting Guidelines
  • Legal Notices
  • Contact Us

About

  • About CT Mirror
  • Announcements
  • Board
  • Staff
  • Sponsors and Funders
  • Donors
  • Friends of CT Mirror
  • History
  • Financial
  • Policies
  • Strategic Plan

Opportunity

  • Advertising and Sponsorship
  • Speaking Engagements
  • Use of Photography
  • Work for Us

Go Deeper

  • Steady Habits Podcast
  • Economic Indicator Dashboard
  • Five Things

The Connecticut News Project, Inc. 1049 Asylum Avenue, Hartford, CT 06105. Phone: 860-218-6380

© Copyright 2021, The Connecticut News Project. All Rights Reserved. Website by Web Publisher PRO