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Thursday, 12 July 2007 23:31

MSA "Officially Dead"

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slide17“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.
slide18 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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