Less than a month after a legal victory, the Mashpee Wampanoag Tribe in Massachusetts faces yet another legal challenge from those who oppose building First Light Casino in Taunton.
Michelle Littlefield and her anti-First Light Casino coalition appealed their legal challenge against the Mashpee on March 1.
Littlefield is the lead plaintiff in the case challenging the casino that residents of her town, Taunton, voted for by a roughly 2-to-1 margin to establish in 2012.
This appeal comes on the heels of the Mashpee Wampanoag Tribe’s success in this latest challenge from the Littlefields. On Feb. 15, a district judge ruled that the Department of the Interior had correctly ruled to grant federal recognition to the tribe and place land in reservation trust (which the tribe is hoping to use for First Light Casino).
The initial Littlefield challenge began in 2016 and ultimately lost when President Biden’s DOI reversed a Trump-era decision to remove the Mashpee Wampanoag Tribe’s land from federal trust.
The Mashpee Wampanoag Tribe almost had its reservation dissolved by Trump’s DOI in 2020. While such a drastic outcome is unlikely under the Biden administration, the Mashpee Wampanoag’s close call in 2020 highlights how much larger the Littlefield challenge is than the First Light Casino.
Second legitimate challenge in opposition to Mashpee Wampanoag
The first Littlefield challenge revolved around the DOI’s authority to bring the tribe’s land into federal trust, which is what grants a tribe’s reservation land the necessary legal status as sovereign land.
Littlefield benefited from the Trump administration. Trump’s Secretary of the Interior failed to notify the required judge about DOI’s decision to dissolve the Mashpee Wampanoag’s reservation. The ruling judge discovered the oversight inadvertently and corrected the grave about 8 weeks later.
The tribe faces the risk of a future presidential administration that may be hostile to tribal rights. The initial Littlefield challenge began in 2016 during the end of Obama’s second term, continued throughout Trump’s term, and concluded weeks into Biden’s term.
The case could extend into the next administration, and that administration may not be sympathetic to the intricacies of tribal law.
How is this specific legal charm different than the initial?
However, Littlefield’s second challenge is somewhat different from her first. She is now invoking a different aspect of the law in the same area that she previously challenged. The main difference is her concern about the potential impact a casino would have on the Taunton neighborhood.
The concern about the impact on the area is likely to be the central issue in this new Littlefield challenge. The extent to which the court finds her concerns valid will determine the trajectory of the case this time around.
Capt. Christopher Gerlacher is known as a leading article writer for PlayMA. He is an adaptable, experienced article writer with a collection that spans both personal and legal articles, as well as sports articles and even sports betting. Gerlacher is a passionate fan of the Broncos, who, for better or worse, are currently in the hills of Arvada, Colorado.
