Cow Creek Coalition Still Can't Block Coquille Tribe's Medford Casino

Home » Cow Creek Coalition Still Can't Block Coquille Tribe's Medford Casino

Posted: January 4, 2025, 10:01 am.

Last updated: January 4, 2025, 10:01 am.

A coalition of tribal operators from Oregon and Northern California have failed to obtain a temporary restraining order against the U.S. Department of the Interior (DOI), which was aimed at blocking final approval of a controversial tribal casino.

Shell Tribe, Medford Casino, Cow Creek Band, Karuk Tribe, Tolowa De-and' Nation
After a 12-year process, the Coquille Tribe may be just days away from a final decision on its proposed casino in Medford, Oreg. But it can expect legal challenges in the future. (Image: Oregon Sports Betting)

Last month DOI approved a Final Environmental Impact Statement (FEIS) for the Coquille Indian Tribe's proposed casino for the city of Medford, Ore.

The move means the DOI is one step away from placing the land earmarked for casinos into a federal trust so it can be used for gaming, known as a final record of decision (ROD).

The Coquille Tribe claims ancestral ties to the Medford area, despite it being 168 miles and a three-hour drive from their base in Coos Bay. Opposing tribes argue that Coquille's claim is false.

The project has also been opposed by Oregon Gov. Tina Kotek and the U.S. Congressmen from both Oregon and California.

'Exceeding authority'

The Umpqua Tribe of Indians, the Karuk Tribe and the Cow Creek Band of Tolowa De-ni' Nation sued DOI in a federal court in Washington, DC, on December 23. In the lawsuit, the tribes argue that the department violated its authority under the U.S. Constitution when it issued the FEIS.

That's because the approval was dependent on “invalid” federal regulations provided by the Council on Environmental Quality (CEQ), which lacks the statutory authority to issue regulations for other agencies, according to the lawsuit.

The lawsuit also claims that Interior Secretary Deb Haaland, who is named as a defendant, failed to properly consult with rival tribes on the local impact of the casino. They argue that a temporary injunction on the final decision would allow such consultation.

The tribes sought an injunction that would put a stay on the FEIS and prevent DOI from issuing RODs until the validity of the FEIS is determined by the courts.

no cause for action

But on Thursday, U.S. District Court Judge Amit P. Mehta rejected the motion. They determined that the FEIS is not a final agency action because it is reviewable, and therefore it is not a matter for the courts because the plaintiff does not have a cause of action.

Tribes will have to await DOI's final decision and challenge it if it is adverse. This decision can be issued on Monday. Typically, the ROD confirms the FEIS, although not always.

In a statement last week, Judy Farms, chief executive officer of Tribal One, the Coquille Tribe's economic development arm, claimed the lawsuit was “about competition.”

“So, this is another move by Cow Creek to not compete in the market. They had over 12 years to comment, and they did not take full advantage of the 12 years it took to permit this project,” Farm said.

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