Case: Grand Traverse Band of Ottawa and Chippewa Indians v. National Indian Gaming Commission

1:26-cv-02037 | U.S. District Court for the District of District of Columbia

Filed Date: June 9, 2026

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging the National Indian Gaming Commission’s (NIGC) efforts to shut down a tribal gaming operation through regulatory action.  The NIGC had based its regulatory action on the Department of the Interior’s “one-bite rule,” which provides that land is not eligible for gaming under the restored lands exception if the tribe already operates a gaming facility elsewhere. The restored lands exception arises under the Indian Gaming Regulatory Act (IGRA), which generally prohibits t…

This is a case challenging the National Indian Gaming Commission’s (NIGC) efforts to shut down a tribal gaming operation through regulatory action. 

The NIGC had based its regulatory action on the Department of the Interior’s “one-bite rule,” which provides that land is not eligible for gaming under the restored lands exception if the tribe already operates a gaming facility elsewhere. The restored lands exception arises under the Indian Gaming Regulatory Act (IGRA), which generally prohibits tribal gaming on lands acquired after 1988 but carves out an exception for lands “taken into trust as part of the restoration of lands for an Indian tribe that is restored to Federal recognition.” 

On June 9, 2026, the Grand Traverse Band of Ottawa and Chippewa Indians (“Band”) filed this lawsuit in the U.S. District Court for the District of Columbia. The Band sued the NIGC for violations of the Administrative Procedure Act (APA) and IGRA. The Band alleged that NIGC’s regulatory actions and reliance on the “one-bite rule” contravened federal law, exceeded the NIGC’s authority, and were arbitrary and capricious. The Band sought declaratory relief, injunctive relief barring the NIGC from taking any further action against gaming on the Benzie Parcel, where the tribal gaming operation at issue is located, along with attorney’s fees, vacatur of NIGC’s notice of violation, and disapproval of the Band’s amendment to its gaming ordinance – an amendment that would authorize gaming on the Benzie Parcel. The case was assigned to District Judge Jia M. Cobb.

This case is ongoing. 

Summary Authors

Alexis Gil (7/18/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73458112/parties/grand-traverse-band-of-ottawa-and-chippewa-indians-v-national-indian/


Attorney for Plaintiff

Handelsman, Josh (District of Columbia)

Kanji, Riyaz A. (District of Columbia)

Documents in the Clearinghouse

Documents in this case
1

1:26-cv-02037

Complaint

June 9, 2026

June 9, 2026

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73458112/grand-traverse-band-of-ottawa-and-chippewa-indians-v-national-indian/

Last updated Aug. 30, 2026, 3:14 a.m.

Docket for: GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS v. NATIONAL INDIAN GAMING COMMISSION
ECF Number Date Description Link
1 June 9, 2026

COMPLAINT against NATIONAL INDIAN GAMING COMMISSION ( Filing fee $ 405 receipt number ADCDC-12476475) filed by GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons NIGC, # 3 Summons U.S. Attorney, # 4 Summons U.S. Attorney General)(Kanji, Riyaz) (Entered: 06/09/2026)

1 Civil Cover Sheet

View on PACER

2 Summons NIGC

View on PACER

3 Summons U.S. Attorney

View on PACER

4 Summons U.S. Attorney General

View on PACER

Clearinghouse
2 June 9, 2026

NOTICE of Appearance by Riyaz A. Kanji on behalf of GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS (Kanji, Riyaz) (Entered: 06/09/2026)

RECAP
3 June 9, 2026

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Lucy W. Braun, Filing fee $ 100, receipt number ADCDC-12476645. Fee Status: Fee Paid. by GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS. (Attachments: # 1 Declaration Declaration of Lucy W. Braun in Support, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order Text of Proposed Order)(Kanji, Riyaz) (Entered: 06/09/2026)

RECAP
4 June 9, 2026

SUMMONS (3) Issued Electronically as to NATIONAL INDIAN GAMING COMMISSION, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 06/09/2026)

RECAP
5 June 9, 2026

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- John F. Petoskey, Filing fee $ 100, receipt number ADCDC-12476656. Fee Status: Fee Paid. by GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS. (Attachments: # 1 Declaration Declaration of John F. Petoskey in Support, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Kanji, Riyaz) (Entered: 06/09/2026)

RECAP
6 June 9, 2026

NOTICE of Appearance by Josh Handelsman on behalf of GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS (Handelsman, Josh) (Entered: 06/09/2026)

RECAP
June 9, 2026

Case Assigned/Reassigned

June 9, 2026

Case Assigned to Judge Jia M. Cobb. (zmtm)

June 14, 2026

Order on Motion for Leave to Appear Pro Hac Vice

7 June 17, 2026

Notice of Appearance

RECAP
8 June 17, 2026

Notice of Appearance

RECAP
9 June 18, 2026

Appear Pro Hac Vice

RECAP
10 June 30, 2026

Summons Returned Executed as to US Attorney

RECAP
11 June 30, 2026

Summons Returned Executed as to U.S. Attorney General

RECAP
12 June 30, 2026

Summons Returned Executed as to Federal Defendant

RECAP
13 Aug. 4, 2026

Extension of Time to File Answer

RECAP
Aug. 5, 2026

Order on Motion for Extension of Time to Answer AND Set/Reset Deadlines

Case Details

State / Territory:

District of Columbia

Case Type(s):

Public Accommodations/ Contracting/ Organizational Discrimination

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: June 9, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs are the Grand Traverse Band of Ottawa and Chippewa Indians.

Plaintiff Type(s):

American Indian Tribe

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

National Indian Gaming Commission

Facility Type(s):

Government-run

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Other Dockets:

District of District of Columbia 1:26-cv-02037

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Other

Recommended Citation