On June 9, 2016, the Ninth Circuit Court affirmed the denial of a preliminary injunction requested by Plaintiffs Jamul Action Committee (JAC) and the Jamul Community Church (JCC). The denial – issued on the narrowest of grounds – was anticipated based on the Court’s questioning at the time of the hearing.
The Ninth Circuit found that the Supplemental Environmental Impact Statement (SEIS) required by the National Environmental Policy Act (NEPA) could not be prepared in the 90 days allowed for by the National Indian Gaming Commission (NIGC) and therefore was not required before the Gaming Ordinance was approved on July 1, 2013. The Ninth Circuit did not address JAC/JCC’s contention that - although the ordinance had to be approved in 90 days - it is not effective until the NIGC Chairwoman publishes it in the Federal Register and there was sufficient time for the SEIS to be completed before then. In fact, the ordinance has yet to be published in the Federal Register.
The Ninth Circuit made no final ruling on JAC/JCC’s claims that gambling is not allowed in the almost completed building, because the California Gaming Compact has been violated, and that the land does not qualify for gambling, because there has never been a reservation proclaimed at that location.
Similarly, the Ninth Circuit made no final ruling on Penn National’s application for approval of its proposed Gaming Management Contract (GMC). The NIGC still has not approved the GMC. And without such an approval, Penn National still has no right, permit or license to manage the gambling or to receive any of the proceeds from any gambling on the site.
JAC/JCC remain confident that when the merits are finally decided at trial, gambling will not be allowed at the site, because the land does not qualify.
JAC/JCC’s claim asserts, that gambling is not allowable on the site because the land is not trust land nor is the land a reservation eligible for gaming under Indian Gaming Regulatory Act (IGRA)! Those assertions are still pending and remain to be decided by Judge Kimberly Mueller in the trial court.
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P.O. Box 1317
Jamul, CA 91935
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