What court decisions might have an impact?
On June 28th, the U.S. Court of Appeals for the Second Circuit (a three-judge panel) ruled essentially that money damages cannot be awarded for very old Indian land claims. In doing so, the court threw out the $248 million awarded the Cayuga Indian Nation of New York and the Seneca-Cayuga Tribe of Oklahoma in previous court actions a hefty amount that had been the basis of Governor Patakis rationale for giving tribes casinos in the Catskills in exchange for damages. The ruling, which significantly undercuts Indian land claim lawsuits across the country, will almost certainly be appealed to the U.S. Supreme Court. However, even though the ruling weakens tribal claims, New York officials may still decide to advance casinos in the Catskills for other reasons such as generating state revenue. A land claim makes it easier for a tribe and developer to get federal approval, but it is not essential if they use the back door process.
