Red river casino in oklahoma11/16/2023 ![]() ![]() ![]() ![]() To be sure, federal regulations are peppered with the word “appropriate” to allow some discretion. But it quickly added: “The regulation’s use of the term ‘appropriate’ suggests an agency possesses discretion in determining which bodies to consult.” In a 13-page opinion, the three-judge panel acknowledged that federal agencies are obliged to consult with “appropriate State and local agencies and Indian tribes” under NEPA rules. 10th Circuit Court of Appeals further undercut the Comanche in a ruling that assigned immense latitude to Interior in deciding what Indian tribes qualify as “appropriate” under guidelines for the National Environmental Protection Act. The latest setback came last week when the U.S. The result cost the Comanche precious time in seeking relief, and it’s haunted their efforts since in the federal courts. The Comanche were so blindsided that construction had already begun on the casino even before the department published a delayed notice of its decision in July 2017. The fight stems from Interior’s decision last year to go around the Comanche and approve - without any consultation - a rival casino project within miles of the tribe’s ancestral lands near the Red River in western Oklahoma. ![]()
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