California tribes file lawsuit challenging approval of Scotts Valley Casino project
The United Auburn Indian Community (UAIC) has joined the Yocha Dehe Wintun Nation and the Kletsel Dehe Band of Wintun Indians in filing a lawsuit challenging a decision by the US Department of the Interior (DOI) to give away their Patwin ancestral lands to an unrelated Pomo tribe, from another part of California.
The lawsuit argues that the approval violates multiple federal laws and regulations, including the Indian Gaming Regulatory Act, the National Environmental Policy Act, the Indian Reorganization Act, and the Administrative Procedure Act.
UAIC, which owns and operates Thunder Valley Casino Resort, contends that the U.S. Department of the Interior’s approval was rushed and politically motivated, occurring just days before the end of the Biden Administration. The lawsuit further asserts that the Department failed to properly consult with impacted tribal governments, a clear violation of long-standing federal policy.
The proposed casino would be a massive, 615,000 square-foot development located in an urban area at the intersection of Interstate 80 and Highway 37, a high-traffic corridor on sensitive habitat, near the gateway to the San Francisco Bay Area. This location—far from the tribe’s aboriginal homeland—raises serious concerns about encroachment upon the ancestral lands of other tribes, environmental impact, increased congestion, the protection of tribal cultural resources, and the precedent of placing casinos in densely populated urban areas under questionable legal authority.
“The approval of this casino is a blatant violation of federal law and sets a dangerous precedent for tribes that have followed the established rules for Indian gaming,” said John L. Williams, Chairman of the United Auburn Indian Community. “For decades, our tribe has worked to uphold the integrity of the Indian Gaming Regulatory Act and prevent opportunistic gaming proposals that ignore history and harm responsible tribal governments.”
The lawsuit would overturn a rushed decision, issued in the closing moments of the Biden Administration, to greenlight an urban mega-casino on a cultural site considered sacred to local Patwin people. The lawsuit identifies fundamental violations of multiple federal laws intended to protect tribal governments, their ancestral homelands, and their people: the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA), the Indian Reorganization Act (IRA), the Indian Gaming Regulatory Act (IGRA), and the Administrative Procedure Act (APA). It also reveals that, in an effort to ensure the decision was issued during the change of Presidential administrations, DOI officials misled local tribes, refused to consult with them, and ignored their evidentiary submissions.
“It is heartbreaking that the Biden Administration chose to spend its final days approving a mega project on our sacred Patwin homelands without ever consulting our Tribe. This has left us no choice but to pursue legal action to protect our people, our homelands, and our rights,” said Yocha Dehe Chairman Anthony Roberts. “Our filing shows how former DOI officials acted recklessly and illegally in an effort to avoid federal laws which are in place to ensure transparency, fairness, and agency accountability.”
The 2025 decision represents an unexplained change of position for the United States. DOI previously determined on three separate occasions, under Presidential administrations of both political parties,
that Scotts Valley lacks a significant historical connection to the City of Vallejo and is therefore prohibited from acquiring so-called “restored” gaming lands there.
While the incoming Presidential Administration may reconsider the challenged approval—welcomed by Yocha Dehe and Kletsel Dehe—the imminent, acute harms to cultural resources on Patwin homelands, among other impacts, required the tribes to seek judicial relief in the meantime.
“This is about more than a casino, it’s about protecting the integrity of the land-into-trust process and ensuring decisions are made fairly, lawfully, and based on true historical ties,” said Charlie Wright, Chairman of the Kletsel Dehe Wintun Nation. “Our Tribe has always stood firm in defense of our lands and heritage, and this case is no different. Scotts Valley has no documented cultural connection to Vallejo, and allowing this approval to stand sets an ominous precedent that undermines Tribal sovereignty and weakens the foundation of federal-tribal land policy. We fully support tribes securing land within their rightful homelands, but no tribe should be allowed to bypass established legal and historical standards. When federal agencies fail to uphold these principles, we have a duty to hold them accountable.”
As the tribes detail in their filing, DOI refused to comply with clear, mandatory legal requirements. Among other things, DOI refused to comply with National Historic Preservation Act Section 106, which protects historic and sacred sites – misleading tribal, state, and other federal agencies in the process. In addition, DOI cut short the environmental review process and ignored evidence of the significant environmental consequences on local tribes and the surrounding community.
The approval of the Scotts Valley Band of Pomo Indians’ casino threatens not only our tribe but all tribes that have worked within the legal framework of the Indian Gaming Regulatory Act,” said Chairman Williams of the United Auburn Indian Community. “If this decision stands, it opens the floodgates for off-reservation casinos in communities that have no historical or cultural ties to the tribes seeking them.”
The United Auburn Indian Community has retained the respected law firm Keker, Van Nest & Peters LLP to lead the litigation. The firm has successfully represented UAIC in previous legal matters. The lawsuit seeks to have the federal court overturn the US Department of the Interior’s approval and require a lawful and thorough review of the Scotts Valley Band of Pomo Indians’ trust land application.
“We are proud to represent the United Auburn Indian Community in vindicating its rights under federal law to participate meaningfully in this decision-making process. This a case where a flawed process led to a flawed decision—and that needs to be corrected,” Keker, Van Nest & Peters partner Elliot Peters said.
“We are confident that the courts will recognize the numerous legal violations in this approval and will uphold the integrity of federal gaming laws,” said Chairman Williams.
The Federal Defendants will have 60 days to answer the Complaint.
