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CARCIERI v. NORTON

C.A. No. 00-375ML.

290 F.Supp.2d 167 (2003)

Donald L. CARCIERI, in his capacity as Governor of the State of Rhode Island; State of Rhode Island and Providence Plantations, a sovereign state of the United States of America; and Town of Charlestown, Rhode Island, v. Gale A. NORTON, in her capacity as Secretary of the Department of the Interior, United States of America; and Franklin Keel, in his capacity as Eastern Area Director of the Bureau of Indian Affairs, within the Department of the Interior, United States of America.

United States District Court, D. Rhode Island.

September 29, 2003.

Attorney(s) appearing for the Case

Neil F.X. Kelly, Attorney General's Office, Providence, RI, for State of R.I.

Bruce N. Goodsell, Westerly, RI, Peter D. Ruggiero, Warwick, RI, Joseph S. Larisa, Jr., Providence, RI, for Town of Charlestown.

Anthony C. DiGioia, Asst. U.S. Attorney's Office, Providence, RI, Charles Jakosa, U.S. Dept. of Justice, Environment & Natural Resources Division, Washington, DC, Judith Rabinowitz, U.S. Dept. of Justice, Environment & Natural Resources Division, San Francisco, CA, for defendant.

John F. Killoy, Wakefield, RI, for Narragansett Indians.

MEMORANDUM AND ORDER

LISI, District Judge.

This is an action brought pursuant to 5 U.S.C. § 702, the Administrative Procedure Act ("APA"). The plaintiffs, Donald L. Carcieri1, in his capacity as Governor of the State of Rhode Island, the State of Rhode Island ("the state"), and the Town of Charlestown ("the town") challenge a final determination of the Secretary of the Department of the Interior ("the secretary")...

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