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Casino: Feds, Senecas seek court transfer

Buffalo BusinessFirst, Wednesday, July 23, 2008 at 2:06:48 PM

The federal government has filed a motion in U.S. District Court asking that a lawsuit filed by a group led by the Citizens Against Casino Gambling in Erie County be transferred to the National Indian Gaming Commission for further review.

The remand motion, the latest legal maneuvering between the Seneca Nation of Indians and those who oppose its Seneca Buffalo Creek Casino, is based on significant changes in the controlling law, as was recently interpreted by the U.S. Department of Interior. The remand motion comes as the Seneca Nation of Indians also filed an "amicus brief" -- or friend of the court brief -- that supports the federal action. The amicus brief was filed because the Seneca Nation is not a party to the ongoing lawsuit, which anti-casino advocates filed against the National Indian Gaming Commission.

"A remand to the NIGC is the only constitutionally appropriate option available in these circumstances," said Laurence Tribe, a Harvard Law School professor of constitutional law and the Seneca Nation's legal consultant.

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