Opinion Letter On Tribe’s Property Not Reviewable, 10th Circuit Finds

Mealey's (June 28, 2017, 1:34 PM EDT) -- DENVER — The state of Kansas cannot challenge an opinion letter issued by the National Indian Gaming Commission (NIGC) stating that a tribe’s U.S. trust land in the state was eligible for gaming under the Indian Gaming Regulatory Act (IGRA) because the letter does not constitute reviewable final agency action under IGRA or the Administrative Procedure Act (APA), the 10th Circuit U.S. Court of Appeals held June 27 (State of Kansas, ex rel. Attorney General Derek Schmidt v. Ryan Zinke, et al., No. 16-3015, 10th Cir., 2017 U.S. App. LEXIS 11397)....