The United States has filed a motion in federal court asking Judge William H. Skretny to transfer the Seneca Buffalo Creek Casino case to the National Indian Gaming Commission for further consideration. The ‘remand’ motion is based upon significant changes in the controlling law, as newly interpreted by the U.S. Department of Interior. The Seneca Nation of Indians simultaneously filed an "amicus brief" in U.S. District Court in Buffalo, supporting the United States' motion for remand to the NIGC and opposing the plaintiffs' motion to immediately enforce Judge Skretny's judgment of July 8, 2008.

Taken together, these developments provide the full legal foundation for the Nation's decision not to cease gaming operations, pending further developments in the Buffalo Creek case. The U.S. motion for transfer of the case is based on a new, formal regulation adopted in June by the Interior Department, which culminated years of work by the Department. The regulation provides that the statutory prohibition Judge Skretny relied on in his decision has no application to "restricted fee" lands, such as the Nation's in Buffalo.

"A remand to the NIGC is the only constitutionally appropriate option available in these circumstances," said Laurence H. Tribe, a renowned professor of constitutional law at Harvard Law School and a leading Supreme Court advocate who agreed to serve as chief legal consultant for the Seneca Nation in the case.

The Nation filed its brief supporting the United States' motion for remand, and also explained why the plaintiffs' motion for enforcement is premature and without merit. That is because the plaintiffs sought to short circuit legitimate post-judgment motions, such as the one the United States filed today. It is also without merit because only the NIGC - not the district court - has the power to order closure of a casino.

New York State already indicated its support for the Nation's position when it announced July 12 that it would continue to maintain its state Racing and Wagering Board inspectors at the casino. Buffalo Police still provide security there as well. Under the terms of a 2002 compact between Albany and the Seneca Nation, the state Racing and Wagering Board has inspectors at the Nation's casinos, including the temporary Buffalo Creek facility that opened a year ago while a permanent casino and hotel are constructed on 9.5 acres of land off Michigan Avenue. (E-07.23.08)

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