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STATE v. DEPT. OF INTERIOR

No. 1:14-cv-00695-JAP/SCY.

269 F.Supp.3d 1145 (2014)

STATE of New Mexico, Plaintiff, v. DEPARTMENT OF the INTERIOR and Sally Jewell, in her official capacity as Secretary of the Interior, Defendants, and Pueblo of Pojoaque, a federally-recognized Indian Tribe, Intervenor Defendant.

United States District Court, D. New Mexico.

Filed October 17, 2014.

Attorney(s) appearing for the Case

Eric D. Miller, Perkins Coie LLP, Seattle, WA, Pro Hac Vice, Jennifer MacLean, Perkins Coie LLP, Washington, DC, Pro Hac Vice, Jeremiah L. Ritchie, Office of the Governor, Santa Fe, NM, Jessica M. Hernandez, City of Albuquerque, Albuquerque, NM, for Plaintiff.

Erin Langenwalter, United States Attorneys Office, Albuquerque, NM, Steven Miskinis, Yosef M. Negose, U.S. Department of Justice, Washington, DC, for Defendants.

Carrie A. Frias, Pueblo of Pojoaque Legal Department, Santa Fe, NM, Daniel I.S.J. Rey-Bear, ReyBear McLaughlin, LLP, Spokane, NM, for Intervenor Defendant.

MEMORANDUM OPINION AND ORDER

Plaintiff State of New Mexico challenges the Department of the Interior and the Secretary of the Interior's legal authority to implement regulations found in 25 C.F.R. § 291 ("Secretarial Procedures" or "Part 291 regulations"). The Secretarial Procedures, if adopted, would allow the Pueblo of Pojoaque to conduct Class III gaming on its reservation. New Mexico asks this Court to declare the Secretarial Procedures invalid because...

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