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Friday, 13 July 2007 |
 “Officially
dead” is the term used to now describe the Municipal Service agreement between
the Ione Band of Miwok Indians and the City of Plymouth. The California Supreme Court has denied an
appeal by the Ione Band of Miwok Indians regarding the overturning of the MSA
by the Amador County Superior court some time ago. According to Amador County
Counsel Martha Shaver this means that the last avenue to resurrect the MSA is
now closed.
 The trial court ruled against the tribe, the
tribe then appealed to the appeals courts. The court of appeals affirmed the
trial court’s opinion overturning the MSA, leaving the tribe only one remaining
option- to appeal to the CA Supreme Court. That appeal by the Ione Band of
Miwok was denied this week meaning that the MSA in its entirety is void. This means that the environmental
impact report for the proposed Plymouth casino and its development required
under the National Environmental Protection Act, or NEPA must now be redone.
According to County Counsel Shaver the original environmental plan for the
casino’s development bypassed some of environmental requirements under NEPA
because of the existence of the Municipal Services Agreement. That agreement
supplanted some of the information needed in an Environmental Impact Report which
is generally required under NEPA. Now that the Municipal Service Agreement is
“Officially dead” the tribe will be required to prepare and present a more
detailed, lengthy and costly, environmental review process.
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Last Updated ( Friday, 27 July 2007 )
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