Oregon Tribes File Lawsuit to Stop Proposed Medford Casino on Non-Tribal Land

The Cow Creek Band of Umpqua Tribe of Indians, the Karuk Tribe, and the Tolowa Dee-ni’ Nation filed a lawsuit in federal court on Monday seeking a restraining order against the US Department of the Interior and the Bureau of Indian Affairs as well as additional members of the Biden administration in an attempt to stop the approval of a proposed casino in Medford, Oregon.

The casino project has been proposed by the Coquille Indian Tribe, which has long sought the ability to operate a second casino in a more populated area to join its on-reservation gaming location.

Governor Kotek, Tribes Criticize Accelerated Approval Timeline

In November, the Bureau of Indian Affairs (BIA) issued a Final Environmental Impact Statement for the Medford casino. That opened a 30-day comment window for the public, after which BIA would have the option of approving or rejecting the casino. 

Oregon Governor Tina Kotek has already called for the public comment period to be extended, citing the cutoff date of December 24. The fact that the period ends on Christmas Eve and its general coinciding with the broader holiday season have been widely criticized by opponents of the casino, and Kotek has asked for an extension that would take the cutoff date into early 2025.

“It’s really been poor timing on behalf of the Bureau of Indian Affairs to have a comment period end on Christmas Eve, and unfortunately that’s probably intentional,” said Lindsay Campman, Communications and Marketing Director of the Cow Creek Umpqua Tribe. “They would prefer these issues are swept under the rug without others noticing.”

But even such an extension would likely provide only a short reprieve for casino opponents. That led to the lawsuit, which seeks a restraining order that would prevent the approval of the Medford resort. 

“This legal action is our option of last resort after being denied repeated requests for consultation,” Cow Creek Umpqua Tribal Chairman Carla Keene said in a statement. “The administration has failed in their responsibility under its own Executive Order, NEPA rules and executive proclamation to consult with our Tribes about a project that puts the interests of one Tribe over many others.”

Expansion to Medford Threatens ‘One Tribe, One Casino’ Policy

Native American tribes and state officials in Oregon say that the local gaming industry has thrived under an informal “One Tribe, One Casino” rule that kept each tribe to one on-reservation resort. 

One of the biggest fears is that a Coquille casino in Medford will lead other tribes to seek casinos in population centers throughout Oregon. The Siletz Tribe has been trying to build a casino in Salem, Oregon, for nearly 30 years, and Governor Kotek might not have a compelling reason to stop it if the federal government allows the Medford resort. That could in turn start an arms race with tribes looking to build near Portland or Eugene as well.

In the lawsuit, the tribes argue that the Department of the Interior exceeded its constitutional powers by issuing the Environmental Impact Statement while violating federal statues and agency policies by not consulting with them about the proposal. 

In the statement announcing the lawsuit, tribal officials said that a rushed decision to allow a Medford casino would tarnish an otherwise positive relationship between President Joe Biden, Interior Secretary Deb Haaland – the first Native American to serve as a cabinet secretary – and Native American tribes. 

“The Interior Department’s refusal to fully assess the impacts of this casino on other Oregon and Northern California Tribes is disappointing and not how Secretary Haaland and Biden Administration officials should want to be remembered,” Cheryle Kennedy, Chairman of the Confederated Tribes of Grand Ronde, said in the statement. 

“While they have done a lot for Indian Country, if this casino is allowed to go forward on the eve of them leaving office, it will devastate the economies of other Tribes and set a precedent that may harm many others in the future.”

(Image: Alejandro Bernal / Alamy)