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March 22, 2019

Improper political pressure

Interior drops casino roadblock at center of Zinke lawsuit

By NICK JULIANO

The Interior Department has dropped its opposition to a new tribal casino in Connecticut, a decision that effectively nullifies a lawsuit that alleged former Secretary Ryan Zinke kept the project on ice for more than a year because of improper political pressure.

Interior’s Bureau of Indian Affairs this month approved a proposal from the Mashantucket Pequot tribe to open an off-reservation casino in partnership with the Mohegan tribe, according to a notice to be published in Friday’s Federal Register. The casino project attracted intense opposition from Las Vegas-based MGM Resorts International and Nevada lawmakers, who pressed their case with Zinke and other Interior officials, as POLITICO reported last year.

The proposed casino in East Windsor, Conn., has been in limbo since September 2017, when Interior refused to approve or deny the tribes’ application — an 11th-hour decision that apparently contradicted the recommendations of career staff. MGM has since opened its own new casino just 12 miles away, in Springfield, Mass.

Interior’s approval comes a month after a federal judge revived a lawsuit filed by the Mashantucket tribe and state of Connecticut alleging that Interior’s refusal to sign-off on their plans was “arbitrary and capricious” and driven by improper political considerations. With Interior’s approval in hand, the tribes are now expected to drop that lawsuit — sparing Interior from having to produce an administrative record or mount a defense of its initial obstruction.

The casino matter also is under investigation by Interior’s Office of Inspector General, and Zinke himself is reportedly facing a criminal probe over allegations he lied to investigators with the IG’s office, charges the former secretary has denied.

Rodney Butler, chairman of the Mashantucket Pequot Tribal Nation, thanked Assistant Secretary for Indian Affairs Tara Sweeney and Interior’s Office of Solicitor for the approval.

“Today is a great day for the Mashantucket Pequot Tribal Nation and the State of Connecticut, especially given our 400-year history together,” Butler said in a statement. “Now that the approval of our Amendment is secured and our exclusivity agreement with the State of Connecticut is reaffirmed, we will move forward with construction on Tribal Winds Casino in East Windsor and preserve much needed jobs and revenue.”

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