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Butte County Success in butting out Casino

The July 12, 2023, By Takato Sugihara

In a 2-1 decision, the the District of Columbia Circuit Court of Appeals concluded that the Bush Administration and the National Indian Gaming Commission failed to adequately justify their decision not to revisit their decision not to revisit the Mechoopda casino’s approval.

Butte County appealed a U.S. District Court ruling that gave approval for a casino to be built in the proposed location, which was about two miles from Highway 99 off Highway 149. The Department of the Interior formally gave approval to let the casino proceed after declining the study the report from Butte Country presented to them in 2006. The Department of the Interior reviewed the information years before, in 2003 when the initial approval was given. Butte Country counsel Bruce Alpert said that what the county submitted were factual and relevant, and merited consideration.

"The court basically said the failure of the administrative agencies to consider the Beckham report and other facts was irrational," Alpert said.

In a minority report, Judge Janice Rogers said the Department of the Interior did look at the report adequately and that there was "substantial evidence of the tribe's ample historical and cultural connection to land at issue."

While the county has won the legal issue for now, there remains a policy issue. Alpert said a new casino is "totally inconsistent" with the county's new General Plan.

He said the county is disappointed they were unable to sit down with the Mechoopda tribe and determine a location the tribe and county can both agree on.

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