VALLEJO, CA (MPG) - On April 1, the Scotts Valley Band of Pomo Indians filed a federal lawsuit and an emergency motion for a Temporary Restraining Order (TRO) to block the Department of the Interior’s (DOI) sudden and unlawful attempt to reopen the Tribe’s Gaming Eligibility Determination.

The DOI’s March 27, 2025 action seeks to upend years of federal approvals and threatens a carefully planned economic development project that would provide jobs, revenue, and long-term stability for the Tribe and the City of Vallejo. The Tribe is calling the action motivated by unfounded opposition from competitors, legally baseless, and in direct violation of the federal Indian Gaming Regulatory Act, federal trust obligations, and basic principles of administrative law.

The Department’s action purports to “temporarily rescind” the Gaming Eligibility Determination while it reopens the record for reconsideration. This effectively ignores the determination that the Tribe’s trust land in Vallejo is eligible for gaming—despite DOI's own prior conclusion after years of review. 

The favorable determination the Tribe received in January came after years of extensive administrative review and litigation. Scotts Valley successfully challenged an earlier negative decision, which a federal court found to be deficient. The court ordered the matter remanded to the Department. The January 10 decision was based on evidence submitted by all parties as of 2019, and the Department already considered and rejected the points put forward by opposing casino operators.

DOI is attempting to revisit a final decision that it had no legal basis to reopen.

“This is a shameful decision,” said Chairman Shawn Davis. “We will not allow bureaucrats trample our sovereignty or destroy the opportunities we have fought decades to secure. This land is ours. The law is on our side. And we will see the Department of the Interior in court.”

“This is like trying to replay a football game after the final whistle has blown and the score has been posted,” Chairman Davis added. “We won. The process is over. We shouldn’t have to replay the game because others don’t like the outcome.”

The Tribe’s motion seeks immediate judicial intervention to prevent DOI from inflicting further harm while the case proceeds. The Tribe is confident that the law, the facts, and common sense are on its side.

The Scotts Valley Band of Pomo Indians remains steadfast in its mission to exercise its sovereign rights, develop its economy, and hold the federal government accountable to its promises.

The case is Scotts Valley Band of Pomo Indians v. Douglas Burgum, et al. 1:25-cv-958 (D.C. Dist. Ct.) (April 1, 2025).