Monday, May 16, 2011

Court of Appeals overturns District Court's Decision on Ken Salazar's Buena Vista Rancheria "unreviewable" Tactic

A panel of three Washington, D.C. appellate court judges has overturned a lower court decision dismissing a lawsuit brought by Amador County as part of its efforts to stop a proposed casino from being built on Coal Mine Road near Ione.

The U.S. Court of Appeals, in what county officials are counting as a victory, overturned a 2009 decision in which the U.S. District Court for the District of Columbia ruled the county could not sue U.S. Department of the Interior Secretary Ken Salazar over his decision to recognize a 67.5 acre parcel of land owned by the Buena Vista Rancheria of Me-Wuk Indians as legitimate Indian lands. Salazar's determination was made automatically, after he allowed a 45-day timeframe to pass without offering any written explanation, a legal tactic and event his department's attorneys argued was "unreviewable."

In a 20-page opinion written by Circuit Court Judge David S. Tatel, Tatel said, "We agree with the district court that the County has standing, but because we conclude that the Secretary's inaction is in fact reviewable, we reverse and remand for the district court to consider the merits ..." The May 6 decision now sends the case back to the U.S. District Court for the District of Columbia for further

President Obama said he was going to have the most "transparent administration, ever" and this certain doesn't fit that mold.

1 comment:

stand your ground said...

President Obama and transparent administration in same sentence???
Oximoron indeed...
Change we can believe in laughable.