Article Title
Big Lagoon Rancheria v. State of California
Abstract
The Ninth Circuit’s en banc opinion in Big Lagoon Rancheria v. California is, thus far, perhaps the most important Indian law decision in 2015. Rejecting its three-judge panel’s opinion, the Ninth Circuit, en banc, affirmed the importance of defending tribal sovereignty against invidious state actions. Calling a spade a spade, the court characterized California’s use of Carcieri to de-recognize the Big Lagoon Rancheria and rescind the trust status of its land as “a belated collateral attack” on the Tribe and an “end-run” around the APA.
This paper has been withdrawn.