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UCE, et al v. United States of America, et al

UCE has filed its action challenging, among other things, the authority of the U.S. Department of the Interior to take any land into trust for the Oneida Indian Nation of New York. It has been assigned Case #08-CV-00633 and is currently assigned to SUSDJ McCurn.

The nature of UCE's claims against the Defendants in this action, as more fully appears in the Complaint, that:

(a)    The Defendants are acting, have acted and will continue to act:

                                                               i.      in excess of statutory jurisdiction, authority, or limitations, or short of statutory right in taking any land identified in the Defendants' notice of intent into trust under the Indian Reorganization Act of 1934;

                                                             ii.      contrary to constitutional right, power, privilege, or immunity in taking any land in the State of New York into trust under the Indian Reorganization Act of 1934;

                                                            iii.      Acted in an arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law in rendering its determination dated May 20, 2008, to take land into trust under the Indian Reorganization Act of 1934;

                                                           iv.      without observance of procedure required by law in rendering its determination dated May 20, 2008 to take land into trust under the Indian Reorganization Act of 1934.

(b)   The Defendants determination that the 1993 tribal-state compact between the State of New York and the Oneida Indian Nation of New York remains in effect under the Indian Gaming Regulatory Act dated June 13, 2007, and the NIGC's approval of the Oneida Indian Nation's Gaming Ordinance dated January 3, 1994 is:

                                                               i.      contrary to constitutional right, power, privilege, or immunity;

                                                             ii.      in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;

                                                            iii.      arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

                                                           iv.      without observance of procedure required by law.

(c)    Defendants have failed to adhere to and/or promulgate their own regulations and policies, make regular inspections, or take vigorous inspections in order to carry out their enforcement duties under the Indian Gaming Regulatory Act of 1988 (25 U.S.C. 2701, et seq.) and a writ of mandamus should issue directing them to carry out these duties.

(d)   Defendants' determination and actions in taking approximately 18 acres of the former Verona Research Facility in Verona, New York into trust for the Oneida Indian Nation of New York (hereinafter "18 Acres") is

                                                               i.      contrary to constitutional right, power, privilege, or immunity;

                                                             ii.      in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;

                                                            iii.      arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;

                                                           iv.      without observance of procedure required by law.

On March 26, 2015, U.S. District Judge Kahn granted the Defendants motin for Summary Judgement. UCE has appealed this ruling to the United States Court of Appeals for the Second Circuit. Our appeal has been conslidated with the Appeal of the Towns of Vernon and Verona. Below is the material on this appeal before the Second Circuit.


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