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Scotts Valley Band of Pomo Indians v. United States Department of the Interior

2026-09-30

Authorities cited

Opinion

majority opinion

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF COLUMBIA

SCOTTS VALLEY BAND OF POMO

INDIANS,

Plaintiff,

Case No. 1:26-cv-02814 (TNM)

v.

UNITED STATES DEPARTMENT OF

THE INTERIOR, et al.,

Defendants.

MEMORANDUM ORDER

This case is about an Indian tribe’s quest to build a casino. A decade ago, the Scotts

Valley Band of Pomo Indians asked the Department of the Interior to allow it to conduct gaming

on a parcel in Vallejo, California. After several rounds of litigation, Interior recently issued a

final determination that the Band’s Vallejo parcel is ineligible for gaming. Foiled in its casino

plans, Scotts Valley now moves for a preliminary injunction that would vacate Interior’s latest

opinion and restore the agency’s previous decision in the Band’s favor.

The Band’s bid for preliminary relief fails on all four factors. Scotts Valley has not

shown likelihood of success on any of its claims. It has not established that Interior’s decision

on gaming eligibility defied the remand order from another judge in this district. Nor is the Band

likely to prevail on its claims that Interior’s reconsideration process was arbitrary and capricious,

that the agency disregarded its reliance interests, or that Interior violated its due-process rights.

Scotts Valley also does not clear the high bar for irreparable harm, whether for its economic

losses or sovereign harm. Finally, the equities and public interest weigh against preliminary

relief.

I.

The facts are familiar to followers of this case by now. See Scotts Valley Band of Pomo

Indians v. U.S. Dep’t of the Interior, 633 F. Supp. 3d 132 (D.D.C. 2022) (“Scotts Valley I”);

Scotts Valley Band of Pomo Indians v. Burgum, 2025 WL 1639901 (D.D.C. June 10, 2025)

(“Scotts Valley II”); Scotts Valley Band of Pomo Indians v. Burgum, 808 F. Supp. 3d 1 (D.D.C.

2025) (“Scotts Valley III”). The Court retells and updates them here.

Scotts Valley is a federally recognized Indian tribe from the Clear Lake region in

Northern California that became landless in the mid-20th century after Congress ended its

reservation. Scotts Valley III, 808 F. Supp. 3d at 10. For ten years, the Band has sought to build

a casino in Vallejo, roughly 80 miles from Clear Lake. Id.; see also Scotts Valley I, 633 F. Supp.

3d at 158.

In 2016, Scotts Valley asked Interior to take a Vallejo parcel into trust on its behalf and to

declare it eligible for gaming under the Indian Gaming Regulatory Act (“IGRA”). Scotts Valley

III, 808 F. Supp. 3d at 10. The Band invoked IGRA’s “restored lands” provision, id., which

allows gaming on “lands . . . taken into trust as part of . . . the restoration of lands for an Indian

tribe that is restored to Federal recognition,” 25 U.S.C. § 2719(b)(1)(B)(iii). Under Interior

regulations, a tribe seeking gaming eligibility via that provision “must demonstrate a significant

historical connection to the land.” 25 C.F.R. § 292.12(b). Interior denied Scotts Valley’s

application, finding that the Band had not established “a significant historical connection” to the

parcel. Scotts Valley I, 633 F. Supp. 3d at 139 (cleaned up).

The Band sued, and another judge in this district vacated and remanded Interior’s

decision. Id. at 165. The court rejected all but one of Scotts Valley’s claims. See id. at 141–71.

It held that Interior “did not act outside of its statutory authority under the Indian Gaming

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Regulatory Act or the Indian Reorganization Act when it promulgated . . . a regulation requiring

tribes to demonstrate a ‘significant historical connection’ for purposes of the restored lands

exception.” Id. at 171. But the court “conclude[d] that the agency’s application of its regulation

to the Band under the particular factual circumstances of this case was inconsistent with the

canon of Indian construction and clear policy behind the IGRA and the restored lands

exception.” Id. In particular, the court faulted Interior for disregarding “the government’s role

in weakening the historical connection between the Band and its land” and “the fundamental

remedial nature of the restored lands exception.” Id. at 165–68. Given those shortcomings, the

court reasoned, Interior’s gaming eligibility decision could not “withstand arbitrary and

capricious review.” Id. at 171.

On remand, Interior reversed itself in Scotts Valley’s favor. In the Biden

Administration’s final month, the agency issued an Indian Lands Opinion (“ILO”) “conclud[ing]

that the Parcel qualifies as restored lands.” 2025 ILO, ECF No. 2-2, at 2. That finding flowed

from Interior’s “ha[ving] given additional consideration to (1) the historical circumstances

underlying the Band’s landless status; and (2) the policy underlying IGRA and the restored lands

exception.” Id. At the same time, Interior’s 2025 ILO did not “consider[] any additional

evidentiary materials from outside parties,” including “those opposed to the Band’s request.” Id.

at 3–4; see also Mot. Hr’g Tr., ECF No. 48, at 24:2–3 (“[T]he Department made th[e] 2025

decision based on the record that it had in 2019 . . . .”). Based on its revised determination,

Interior took the Vallejo parcel into trust on Scotts Valley’s behalf and declared it eligible for

gaming. Scotts Valley III, 808 F. Supp. 3d at 10.

This state did not last long. Frustrated with Interior’s refusal to consider their postremand submissions challenging the Band’s historical ties to the Vallejo parcel, four neighboring

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tribes sued the agency after the Trump Administration took over. See id. at 10–12. Those

lawsuits remain pending. See Yocha Dehe Wintun Nation et al. v. Dep’t of Interior et al., No.

25-cv-867 (D.D.C. filed Mar. 24, 2025); United Auburn Indian Cmty. v. Dep’t of Interior et al.,

No. 25-cv-873 (D.D.C. filed Mar. 24, 2025); Lytton Rancheria of Cal. v. Dep’t of Interior et al.,

No. 25-cv-1088 (D.D.C. filed Apr. 10, 2025).

Days after those lawsuits hit the docket, Interior reversed course again. In a March 2025

letter to the Band, the agency announced that it was “temporarily rescinding the Gaming

Eligibility Determination for reconsideration,” though the Vallejo parcel “remain[ed] in trust.”

March 2025 Letter, ECF No. 10-8, at 1 (footnote omitted). Interior explained that it was

“concerned that [it] [ha]d not consider[ed] additional evidence submitted after the 2022

Remand.” Id. “To aid in [its] reconsideration,” Interior “invite[d] the [Band] and other

interested parties to submit evidence and/or legal analysis regarding whether the Vallejo Site

qualifies as restored lands.” Id. The agency also instructed that “any documents submitted to the

Department after the 2022 Remand should be resubmitted.” Id. Finally, Interior advised that

“[d]uring the pendency of this reconsideration, neither the [Band] nor any other entity or person

should rely on the Gaming Eligibility Determination.” Id.

Shortly after receiving Interior’s letter, Scotts Valley sued once more, “assert[ing] that

Interior’s rescission and reconsideration of its gaming eligibility violated § 706 of the

Administrative Procedure Act and infringed its Fifth Amendment right to due process.” Scotts

Valley III, 808 F. Supp. 3d at 12 (footnote omitted). The Band moved for a preliminary

injunction to vacate Interior’s rescission and “to immediately stop” the reconsideration. Scotts

Valley II, 2025 WL 1639901, at *1.

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This Court denied that motion. Id. at *9. As the Court held, the Band had not carried its

“heavy burden to show that any harms it could experience during this litigation w[ould] be

irreparable.” Id. at *1. Neither the economic nor sovereign injury met the mark. Id. On the

economic side, the Court reasoned that “[e]ven if all $2 million in anticipated contract payments

were due before the likely end of this litigation—and the tribe ha[d] made no such showing—the

Band ha[d] not shown that this expenditure would ‘threaten[] the very existence of the movant’s

business’ or similarly compromise tribal services and programs.” Id. at *4 (quoting Wis. Gas

Co. v. FERC, 758 F.2d 669, 674 (D.C. Cir. 1985) (per curiam)). As to sovereign harm, the Court

concluded that the Band had forfeited its argument. Id. at *1. And even if properly argued, “any

sovereignty change” in the Band’s ability to conduct and regulate gaming “ha[d] not produced

the type of actual, tangible harm that the D.C. Circuit requires.” Id. at *6 (cleaned up). Because

of the Band’s failure to establish irreparable harm, the Court denied its bid for preliminary relief.

Id. at *1.

Then came summary judgment, where Scotts Valley secured a narrow win. The Court

rejected the Band’s challenge to the ongoing reconsideration because that process was “non-final

and thus not subject to APA review.” Scotts Valley III, 808 F. Supp. 3d at 10. The rescission, by

contrast, “amounted to final agency action.” Id. at 16. The Court ruled against Scotts Valley’s

three APA claims targeting the rescission: that it exceeded Interior’s reconsideration authority,

that it resulted from undue political influence, and that it disregarded the Band’s reliance

interests. Id. at 16–23.

But the Court held in Scotts Valley’s favor on one claim: due process. Id. at 23. As the

Court concluded, “the Band’s gaming eligibility was a protected property interest,” and “Interior

provided too little process to rescind it.” Id. Because Interior’s rescission “infringed the Band’s

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due-process right,” the Court vacated it. Id. at 28. As the Court emphasized, though, that

“remedy d[id] not bar Interior from continuing its reconsideration, nor d[id] it stop the

Department from revoking the Band’s gaming eligibility at the end of that process.” Id. “For

that reason,” the Court cautioned Scotts Valley that it “would be ill-served by placing undue

reliance on [the] decision.” Id.

After this summary-judgment ruling, Interior adapted its reconsideration process. In

December 2025, Interior shared with the Band all the “evidence and legal analysis” that other

tribes and stakeholders had submitted to the agency by June of that year. 2026 ILO, ECF No. 2-1, at 3 (cleaned up). After twice “discuss[ing] a time frame for reconsideration with the Band,”

Interior “gave the Band until May 1, 2026, to review and respond to the June 2025

Submissions.” Id. (footnotes omitted). Interior officials also met with the Band in person in

mid-April, where the Band delivered its response. Id. at 3–4. Upon receiving Scotts Valley’s

response, Interior “accepted no further submissions.” Id. at 4.

While Interior was reconsidering, the Band forged ahead with its gaming plans. After

this Court vacated the rescission in Scotts Valley III, “the Band proceeded with development of

the Vallejo Site in reliance on the 2025 [ILO] and the rights it conferred.” Davis Decl., ECF No.

10-2, ¶ 20. Scotts Valley “undertook substantial expenditures and financial commitments”—to

the apparent tune of $10 million—“to develop gaming operations at the Vallejo Site, including

the development of a temporary Class II gaming facility known as the ‘Preview Casino.’” Id.

¶¶ 23, 56. To set up the “Preview Casino,” the Band “convert[ed] two modular buildings.” Id.

¶ 26. The casino opened “on a limited basis” on July 24, 2026. Id. ¶ 37. During its operation,

the Preview Casino offered 17 class II gaming devices (bingo and the like) maintained by nine

Band members. See id. ¶ 33; Mot. Hr’g Tr. at 11:3–8.

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A week later, Interior issued its reconsidered ILO. As the agency concluded, “the Vallejo

Parcel does not qualify as restored lands within the meaning of applicable law, and the Band may

not conduct gaming on the Parcel pursuant to IGRA’s restored lands exception.” 2026 ILO at

39. In its 39-page analysis, Interior examined the original 2019 ILO, the 2025 ILO, the other

tribes’ and stakeholders’ June 2025 submissions, and the Band’s response. Id. at 12–31. The

agency recounted the “additional historical context” of the Band’s displacement and

dispossession throughout the 19th century. Id. at 14–16. Interior also considered “the

fundamental remedial nature of the restored lands exception and the Indian canon of

construction,” including by “adopt[ing] broad understandings of the terms ‘occupancy’ and

‘vicinity’ within Part 292’s definition of ‘significant historical connection.’” Id. at 18 (cleaned

up). Ultimately, though, the newly submitted evidence led Interior to “revisit several factual

questions that [had] inform[ed]” the 2025 ILO. See id. at 31–39. Viewed as a whole, the record

now counseled that “the Band ha[d] not demonstrated the requisite significant historical

connection.” Id. at 39.

One week after Interior’s reconsidered ILO, Scotts Valley came back to this Court. Like

its predecessor, the Band’s newest lawsuit brings three APA claims and one due-process claim.

Compl., ECF No. 2, ¶¶ 125–83. On the heels of its Complaint, the Band also filed a motion for a

preliminary injunction, which asks the Court to “(1) enjoin[] the Department from implementing

and otherwise giving legal effect to the July 30, 2026, [ILO] during the pendency of the Band’s

action for judicial review of the Decision; and (2) [to] reinstat[e] and preserv[e] the legal force

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and effect of the January 2025 [ILO] during the pendency of this action.” Mot. Prelim. Inj., ECF

No. 10, at 1. That motion is fully briefed, 1 and the Court held a motion hearing.

II.

“[A] preliminary injunction is an extraordinary and drastic remedy, one that should not be

granted unless the movant, by a clear showing, carries the burden of persuasion.” Mazurek v.

Armstrong, 520 U.S. 968, 972 (1997) (per curiam) (cleaned up). “A plaintiff seeking a

preliminary injunction must establish that he is likely to succeed on the merits, that he is likely to

suffer irreparable harm in the absence of preliminary relief, that the balance of equities tips in his

favor, and that an injunction is in the public interest.” Winter v. Nat. Res. Def. Council, Inc., 555

U.S. 7, 20 (2008). “[T]he degree of proof required for irreparable harm is high,” and “a failure

to surmount it provides grounds for refusing to issue a preliminary injunction, even if the other

three factors entering the calculus merit such relief.” Olu-Cole v. E.L. Haynes Pub. Charter

Sch., 930 F.3d 519, 529 (D.C. Cir. 2019) (cleaned up). Meanwhile, the equities and public

interest “merge when the Government is the opposing party.” Nken v. Holder, 556 U.S. 418, 435

(2009).

III.

Like every movant, Scotts Valley faces an uphill battle to win preliminary relief. The

Band falters on every front. The likelihood of success on the merits, irreparable harm, and the

merged equities and public interest all counsel against a preliminary injunction. The Court

addresses each factor in turn.

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The Court acknowledges the helpful amicus briefs in this case. See Governor Newsom Amicus Br., ECF No. 38; Lytton Rancheria Amicus Br., ECF No. 39; United Auburn Amicus Br., ECF No. 40; Patwin Tribes Amicus Br., ECF No. 41; Cal. Gaming Ass’n Amicus Br., ECF No. 42.

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A.

Scotts Valley advances four claims. First, the Band asserts that the 2026 ILO violated the

remand order in Scotts Valley I. Compl. ¶¶ 125–42; Mot. Prelim. Inj. at 17–31. Second, it

contends that Interior did not adequately justify its decision to reconsider the 2025 ILO. Compl.

¶¶ 150–68; Mot. Prelim. Inj. at 31–37. Third, the Band argues that the agency again ignored its

reliance interests. Compl. ¶¶ 143–49; Mot. Prelim. Inj. at 39–45. And finally, Scotts Valley

maintains once more that Interior infringed its due-process rights. Compl. ¶¶ 169–83; Mot.

Prelim. Inj. at 37–39. The Band is unlikely to succeed on any of these theories.

1.

Start with Scotts Valley I’s remand order. According to the Band, the 2026 ILO

“unlawfully abandon[ed] the analytical framework adopted in the January 2025 [ILO] and

required by Scotts Valley I.” Compl. ¶ 133. A proper application of that “analytical framework,”

the Band contends, would have compelled a favorable finding on the Vallejo parcel’s gaming

eligibility. See id. ¶¶ 134–39; Mot. Prelim. Inj. at 20–22. The Band claims the 2026 ILO’s

departure from Scotts Valley I makes it arbitrary and capricious. Compl. ¶ 141.

Recall that in Scotts Valley I, Judge Jackson held that the 2019 ILO “was inconsistent

with the canon of Indian construction and clear policy behind the IGRA and the restored lands

exception.” 633 F. Supp. 3d at 171. In the court’s view, “Interior’s parsimonious interpretation”

of the “significant historical connection” requirement defied the Indian canon’s instruction to

“constru[e] the law liberally and interpret[] any ambiguous provision to the tribe’s benefit.” See

id. at 168. In particular, the court took issue with Interior’s failure to consider “the government’s

role in weakening the historical connection between the Band and its land” and “the fundamental

remedial nature of the restored lands exception.” Id. at 165–68. Considering those failures, the

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court vacated the 2019 ILO as arbitrary and capricious and remanded it to Interior “for further

proceedings consistent with th[e] opinion.” Id. at 171.

The Band is unlikely to succeed on its fact-intensive claim that the 2026 ILO infringed

Scotts Valley I.

a.

“Under settled principles of administrative law, when a court reviewing agency action

determines that an agency made an error of law, the court’s inquiry is at an end: the case must be

remanded to the agency for further action consistent with the corrected legal standards.” PPG

Indus., Inc. v. United States, 52 F.3d 363, 365 (D.C. Cir. 1995). While the remanding court may

set forth the governing law, it “may not . . . ‘dictate to the agency the methods, procedures, and

time dimension of the needed inquiry and order the results to be reported to the court without

opportunity for further consideration on the basis of the new evidence by the agency.’” See Am.

Fed’n of Lab. & Cong. of Indus. Orgs. v. Dep’t of Lab., 836 F. Supp. 3d 137, 154 (D.D.C. 2026)

(quoting Vt. Yankee Nuclear Power Corp. v. Nat. Res. Def. Council, Inc., 435 U.S. 519, 544–45

(1978)).

Against that backdrop, consider first where the parties agree: the Indian canon’s proper

role on remand. Both the 2025 and 2026 ILOs emphasized that “although the Indian canon

requires that ambiguous laws be interpreted in favor of the Indians, the canon ‘has no

applicability to the weighing of evidence, for example, regarding occupancy or use of a given

plot of land.’” 2026 ILO at 31 (quoting 2025 ILO at 10). At the motion hearing, both Interior

and Scotts Valley concurred that the Indian canon does not apply to an agency’s factfinding—

i.e., that Scotts Valley I did not compel Interior to weigh ambiguous facts in the Band’s favor.

See Mot. Hr’g Tr. at 17:15–24, 49:6–11.

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Rightly so. Like other substantive canons, the Indian canon is a “rule[] of construction

that advance[s] values external to a statute.” See Biden v. Nebraska, 600 U.S. 477, 508 (2023)

(Barrett, J., concurring) (footnote omitted). It instructs “that statutes dealing with the Indians

must be construed in their favor.” Amy Coney Barrett, Substantive Canons and Faithful Agency,

90 B.U. L. Rev. 109, 151 (2010). The canon emerged in the 19th century, with courts deploying

it when interpreting treaties between Indians and the United States. Id.; see, e.g., Worcester v.

Georgia, 31 U.S. 515, 582 (1832) (M’Lean, J., concurring) (“The language used in treaties with

the Indians should never be construed to their prejudice. . . . How the words of the treaty were

understood by this unlettered people, rather than their critical meaning, should form the rule of

construction.”). In other words, the canon began “as essentially a rule of contract interpretation.”

Barrett, supra, at 152. Then, in the early 20th century, the canon “jumped without discussion

from the interpretation of treaties to the interpretation of statutes.” Id.; cf. Arizona v. Navajo

Nation, 599 U.S. 555, 572 (2023) (Thomas, J., concurring) (“To this day, it remains unclear how

the ‘trust relationship’ [between Indians and the federal government] could justify freestanding

pro-Indian canons that authorize courts to depart from the ordinary rules of statutory

interpretation.”).

Whatever the Indian canon’s pedigree in the context of treaties and statutes, its role ends

there. In Mashpee Wampanoag Tribe v. Bernhardt, 466 F. Supp. 3d 199 (D.D.C. 2020), the

court rebuffed an effort to extend it to agency factfinding. There, “[t]he Mashpee Tribe

invoke[d] the Indian canon of construction in order to suggest that the [agency’s] application of ”

a two-part factual test “should be favorable to the Tribe.” Id. at 216. But that “argument

misunderst[ood] the canon.” Id. “The Indian canon of construction says that ambiguous statutes

should be construed liberally in favor of Indians.” Id. After statutory ambiguity is “resolved,

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however, the canon’s role is complete.” Id. at 217; see also Ute Indian Tribe of the Uintah &

Ouray Indian Rsrv. v. United States, 185 F.4th 244, 252 (D.C. Cir. 2026) (stating that the Indian

canon “ha[s] no application where the relevant law is unambiguous”). Extending the canon to

agency factfinding would “place courts, not democratically accountable executive officials, in

the policymaking role the Framers (and the drafters of the APA) reserved for the political

branches.” Cal. Gaming Ass’n Amicus Br., ECF No. 42, at 8. And that expansion would be

particularly inappropriate here, where applying the canon in Scotts Valley’s favor would harm

the interests of several neighboring tribes. Accord Confederated Tribes of Grand Ronde Cmty. of

Oregon v. Jewell, 75 F. Supp. 3d 387, 396 (D.D.C. 2014) (“[T]he Indian canon of construction

does not apply for the benefit of one tribe if its application would adversely affect the interests of

another tribe.”), aff’d, 830 F.3d 552 (D.C. Cir. 2016).

Rather than falling under the Indian canon’s purview, agency factfinding is “subject to

arbitrary and capricious review under the APA.” Mashpee Wampanoag Tribe, 466 F. Supp. 3d

at 217 (cleaned up). “[W]hen an agency exercises discretion granted by a statute, judicial review

is typically conducted under the [APA]’s deferential arbitrary-and-capricious standard.” Seven

Cnty. Infrastructure Coal. v. Eagle Cnty., 605 U.S. 168, 179–80 (2025). “Under that standard, a

court asks not whether it agrees with the agency decision, but rather only whether the agency

action was reasonable and reasonably explained.” Id. at 180.

An agency decision is “arbitrary and capricious if the agency has relied on factors which

Congress has not intended it to consider, entirely failed to consider an important aspect of the

problem, offered an explanation for its decision that runs counter to the evidence before the

agency, or is so implausible that it could not be ascribed to a difference in view or the product of

agency expertise.” Motor Vehicle Mfrs. Ass’n of the U.S., Inc. v. State Farm Mut. Auto. Ins. Co.,

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463 U.S. 29, 43 (1983). “The scope of review under the ‘arbitrary and capricious’ standard is

narrow and a court is not to substitute its judgment for that of the agency.” Id.; see also Loper

Bright Enters. v. Raimondo, 603 U.S. 369, 392 (2024) (emphasizing that APA “Section 706 does

mandate that judicial review of agency policymaking and factfinding be deferential”).

b.

The Band is unlikely to establish that the 2026 ILO fell short of the APA’s or Scotts

Valley I’s demands. Interior’s 39-page analysis reviewed the entire record—including the 2019

ILO, the 2025 ILO (which was based on the same evidence as the 2019 one), the June 2025

submissions from third parties, and the Band’s response. 2026 ILO at 12–31. Consistent with its

2025 predecessor and in keeping with Scotts Valley I, the 2026 ILO laid out the “additional

historical context” on the Band’s displacement at the hands of Mexican settlers and the U.S.

government. See id. at 14–16; see also 2025 ILO at 15–18; Scotts Valley I, 633 F. Supp. 3d at

165–68. On that same note, the 2026 ILO also considered “the fundamental remedial nature of

the restored lands exception and the Indian canon of construction,” including by adhering to the

2025 ILO’s “broad understandings of the terms ‘occupancy’ and ‘vicinity’ within Part 292’s

definition of ‘significant historical connection.’” See 2026 ILO at 18 (cleaned up); see also 2025

ILO at 19–20.

Through that lens, the 2026 ILO drew certain inferences in Scotts Valley’s favor. One of

them concerned a Band ancestor: “an individual named Augustine, a ‘chief of the Hoolanapo

Indians’ who lived and worked in the North Bay region during the mid-1800s.” 2026 ILO at 11

(footnote omitted). The 2026 ILO stood by the 2025 ILO’s finding that “Augustine and other

Band ancestors worked on ranchos in the North Bay Region.” Id. at 32. As Interior explained,

the history showed “that the livestock operations on the ranchos were labor-intensive, involving

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hundreds of Indian laborers, and that the Vallejos and other settlers raided Pomo communities,

including at Clear Lake, to work on the ranchos.” Id. (footnote omitted). The 2026 ILO also

“confirm[ed] that Augustine’s residency in Napa in the 1870s constituted occupancy, as defined

in the 2025 ILO,” and it “le[ft] in place the determination that that occupancy is attributable to

the Band as a whole, for the reasons stated in the 2025 ILO.” Id. at 33 (footnote omitted); see

also Scotts Valley I, 633 F. Supp. 3d at 168 (faulting the 2019 ILO for “declin[ing] to attribute

Augustine’s connections to the land to the Band as a whole”).

Ultimately, though, the updated record made Interior conclude that “the Band ha[d] not

demonstrated the requisite significant historical connection.” 2026 ILO at 39. The newly

submitted evidence led the agency to “revisit several factual questions.” Id. at 31. Three merit

closer examination.

First, the 2025 ILO had noted “Augustine’s possible baptism at Mission San Francisco

Solano in the late 1830s,” which it deemed “consistent with a broader, documented practice of

the removal of Indian children from their villages and their placement in the missions.” 2025

ILO at 17. The 2025 ILO “credit[ed] th[is] experience[] of Augustine to the Band as a whole for

the purposes of demonstrating a significant historical connection to the Parcel.” Id. at 17–18.

The 2026 ILO, meanwhile, found this assumption untenable in light of new evidence. 2026 ILO

at 31. As Interior now observed, “the names of the parents of the Agustin listed in the relevant

baptismal register, as well as the name of his village, are different from those associated with the

Band’s ancestor Augustine.” Id. (footnote omitted). In the agency’s view, two other tribes

“persuasively argue[d] that ‘the names of the 1837 Baptismal Cohort, the names of the parents of

the 1837 Baptismal Cohort, and the village of origin of the 1837 Baptismal Cohort are all

distinctively Southern Pomo,’ not Eastern Pomo like the Band’s ancestors.” Id. at 32 (cleaned

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up). Based on those and other submissions, Interior reversed its previous assumption that

Augustine (and, by extension, the Band) had possibly been baptized near the Vallejo parcel. Id.

Second, Interior reassessed its finding on the Band’s presence at Rancho Suscol, the large

Mexican ranch that embraced what now is the Vallejo parcel. See id. at 12. On that evidentiary

issue, the 2025 ILO had reasoned that “[a]lthough no documentation link[ed] the Band’s

ancestors specifically to Rancho Suscol . . . , it [wa]s reasonable to assume that the Band’s

ancestors worked there after Vallejo acquired it in 1843 and used or occupied the Parcel in the

process.” 2025 ILO at 23 (footnote omitted). By contrast, the 2026 ILO highlighted the thirdparty submissions contesting Scotts Valley’s ties to Rancho Suscol. 2026 ILO at 24–25. The

Yocha Dehe Tribe, for example, “explain[ed] that by 1870 the Project Site [on Rancho Suscol]

was a small family farm owned and worked by non-Indian labor and that, before that, Rancho

Suscol had been set aside as a Rancho Nacional, . . . for military use, and therefore distinct from

the other ranchos controlled by the Vallejos.” Id. at 25 (cleaned up). “Contrary to leading to a

natural inference of use or occupancy,” the 2026 ILO reasoned, “the evidence (or the lack of it)

suggests that Rancho Suscol was indeed different from other ranchos in the region, as the

opposing parties contend[ed].” Id. at 37 (footnote omitted).

Finally, Interior reconsidered “whether the Parcel is located in territory ceded by the

Band’s predecessors.” Id. at 31. In 1851, “the Band’s predecessors-in-interest were tribal

signatories to an unratified treaty with the United States,” in which they agreed to cede certain

California lands. Id. at 9. “In exchange, the United States designated a tract of land to be set

apart as a reservation on the western shore of Clear Lake . . . .” Id. Some decades later,

“cartographer Charles Royce compiled maps purporting to depict Indian land cessions in the

United States, including the land that would have been ceded under the 1851 Treaty, as well as

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tracts set apart for reservations, including the reservation at Clear Lake.” Id. (footnote omitted).

The Court reproduces an excerpt from the map below.

Id. at 10. “The area numbered ‘296’ . . . purports to show the ceded territory, while the area

numbered ‘295’ . . . shows the Clear Lake reservation.” Id. at 9. The Vallejo parcel “is located

in the southwestern portion of Area 296, south of Napa.” Id. at 10. According to the 2025 ILO,

“Royce’s inclusion of Vallejo in Area 296 . . . reinforce[d] the reasonableness of granting a

favorable inference to the Band,” “notwithstanding the fact that the 1851 Treaty did not

specifically describe the land that its tribal signatories used, occupied, or purposed to cede.”

2025 ILO at 23 (cleaned up).

The 2026 ILO rethought that conclusion. In the June 2025 submissions, several third

parties “challenge[d] the reasonableness of the inference linking the Band with the Parcel based

on the Parcel’s location within Area 296.” 2026 ILO at 25. One of the other tribes’ historians,

16

for example, “explain[ed] that the 1851 Treaty ‘failed to describe the ceded lands,’ only the

reservation to be set aside at Clear Lake.” Id. (footnote omitted). In his assessment, “Royce’s

description of the ceded lands in his map amounted to a ‘guess.’” Id. (footnote omitted). He

also “point[ed] out that none of the tribes residing along the north side of San Francisco and San

Pablo bays entered into [the 1851] treaty negotiations with the United States.” Id.

Faced with these new submissions, the 2026 ILO withdrew its inference in favor of the

Band’s occupancy. Id. at 33. As Interior now reasoned, “[e]ven if . . . Area 296 depicts what the

federal agents who negotiated the 1851 Treaty understood to be the boundaries of the ceded

territory, no one seems to argue that the Band, its predecessors, or the other tribal signatories had

the authority to cede the land around Vallejo at the time of the treaty.” Id. And “nothing in the

extensive record before the Department suggest[ed] that they had that authority.” Id. Because of

the Royce map’s historical deficiencies, the 2026 ILO concluded that “[f]avorable treatment of

Royce’s map in this analysis would not only be ahistorical but also unfair to any successors-ininterest of the original inhabitants of those territories, who did not participate in the negotiation

of the 1851 Treaty.” Id. (footnote omitted).

These were some of the key evidentiary issues on which Interior revised its findings in

light of new evidence. Zooming out, the 2026 ILO also noted “the shortcomings in the Band’s

evidence, more generally.” Id. at 37. Especially “striking,” according to Interior, “[wa]s the

discrepancy between the evidence of a Band presence elsewhere during the time period in

question, in places where the Band might attain a different result, and the lack of evidence

indicating a Band presence on Rancho Suscol, much less the Parcel.” Id. (cleaned up).

Ultimately, even considering Scotts Valley’s historical displacement and IGRA’s remedial

17

purpose, “the Band ha[d] not demonstrated the requisite significant historical connection.” See

id. at 39.

* * *

As the above recounting shows, “[t]he Vallejo parcel’s gaming eligibility is an avowedly

complex question.” Scotts Valley III, 808 F. Supp. 3d at 18. It raises issues of the accuracy of

historical documents and assumptions based on tantalizing clues. Some of these issues could

arguably go either way. But whether the Band demonstrated a “significant historical connection”

to the parcel involves fact-intensive judgments that fall within Interior’s realm of expertise. In

this setting, “[t]he Court recognizes that it is not its role to scour through the ILO and substitute

its judgment for that of the agency.” Scotts Valley I, 633 F. Supp. 3d at 168. Instead, this is

where the APA’s “deferential arbitrary-and-capricious standard” applies, and it requires only that

the agency decision be “reasonable and reasonably explained.” Seven Cnty. Infrastructure Coal.,

605 U.S. at 179–80.

Against this backdrop, the Court holds that Scotts Valley is unlikely to succeed on its

claim that the 2026 ILO defied Scotts Valley I or was otherwise arbitrary and capricious. The

Band has not made “a clear showing” that Interior’s reconsidered analysis was inconsistent with

Scotts Valley I’s demands or the 2025 ILO’s overall method. See Mazurek, 520 U.S. at 972

(cleaned up). Rather, at this preliminary stage, the record suggests that the 2026 ILO reversed

Interior’s previous finding based on an updated set of facts. That is no APA violation.

2.

Scotts Valley also asserts that Interior “had no lawful basis to reopen the 2025 [ILO].”

Mot. Prelim. Inj. at 32–34. The Band faults Interior for “fail[ing] to articulate a coherent and

18

reasoned explanation” for revisiting the 2025 ILO. Compl. ¶ 165. This Court rejected the bulk

of that claim in Scotts Valley III, and it remains unlikely to succeed now.

In this case’s previous iteration, Scotts Valley contended that Interior’s decision to

rescind the parcel’s gaming eligibility “exceeded [its] authority to revisit its prior decision.”

Scotts Valley III, 808 F. Supp. 3d at 16–17 (cleaned up). The Court disagreed, emphasizing the

D.C. Circuit’s longstanding “rul[ing] that ‘administrative agencies . . . possess at least some

inherent authority to revisit their prior decisions.’” Id. at 17 (quoting Ivy Sports Med., LLC v.

Burwell, 767 F.3d 81, 86 (D.C. Cir. 2014) (Kavanaugh, J.)). In the Court’s eyes, the rescission

fell within Interior’s inherent authority to reconsider. Id. at 19. For one part, the Court saw “no

statutory limit on Interior’s reconsideration authority.” Id. at 17–18. For another, the agency’s

decision to revisit the 2025 ILO less than eleven weeks after its issuance met the doctrinal

guideposts for timeliness. Id. at 18–19. That conclusion holds true today, and it foils Scotts

Valley’s renewed challenge to the “lawful basis [of] reopen[ing] the 2025 [ILO].” See Mot.

Prelim. Inj. at 32–34.

Nor is the Band likely to succeed on its theory that Interior “failed to articulate a coherent

and reasoned explanation” for exercising its inherent authority to reconsider the 2025 ILO.

Compl. ¶ 165. In the March 2025 letter that launched the reconsideration process, Interior stated

that it “[wa]s concerned that the Department did not consider additional evidence submitted after

the 2022 Remand.” March 2025 Letter at 1. In announcing its intent to continue reconsideration

post-Scotts Valley III, the agency reaffirmed its “concern[] that not taking those submissions into

consideration in this particular case could be deemed legal error.” December 2025 Letter, ECF

No. 10-9, at 1. Interior also explained that its misgivings revolved around “whether the Vallejo

Site qualifies as restored lands under 25 U.S.C. § 2719(b)(l)(B)(iii) and 25 C.F.R. Part 292.”

19

March 2025 Letter at 1. On that issue, the agency “invite[d] the [Band] and other interested

parties to submit evidence and/or legal analysis.” Id. “To ensure that [it] ha[d] all the relevant

materials,” Interior also advised that “any documents submitted to the Department after the 2022

Remand should be resubmitted.” Id.

Interior’s unease about legal error stemmed from arguably unkept promises to other tribes

following the Scotts Valley I remand. Consider the Yocha Dehe Tribe for instance. Yocha Dehe

moved to intervene in Scotts Valley’s lawsuit challenging the 2019 ILO. See Scotts Valley Band

of Pomo Indians v. Dep’t of the Interior, 337 F.R.D. 19, 21 (D.D.C. 2020). The tribe “argue[d]

that the land at issue was the exclusive territory of its ancestors, the Patwin people, and that if

Scotts Valley [wa]s permitted to develop the parcel, including by establishing a casino there,

Yocha Dehe’s existing nearby gaming facility w[ould] suffer severe injury, thereby harming the

important tribal programs and cultural resources that depend upon casino revenue.” Id. (cleaned

up).

Judge Jackson denied Yocha Dehe’s motion to intervene. Id. at 27. As the court

reasoned, “Yocha Dehe submitted a considerable volume of material about its historical

connection to the land when the question about Scotts Valley’s association with the parcel was

pending before the agency the first time, and it c[ould] do so again.” Id. at 26. In defending that

ruling on appeal, Interior argued that “Yocha Dehe w[ould] have additional opportunities to

submit relevant information or views” after any potential remand to the agency. Federal

Appellees’ Final Response Brief at 17, Yocha Dehe v. U.S. Dep’t of the Interior, 3 F.4th 427

(D.C. Cir. 2021) (No. 21-5009). Scotts Valley similarly told the D.C. Circuit that Interior would

produce “a new analysis of the parcel’s eligibility for gaming under [IGRA], addressing the same

statutory and Part 292 criteria covered in the [2019 ILO] and responding to comments from

20

interested parties and the public.” Final Brief of Appellee Scotts Valley Band of Pomo Indians

at 35–36, Yocha Dehe v. U.S. Dep’t of the Interior, 3 F.4th 427 (D.C. Cir. 2021) (No. 21-5009).

The D.C. Circuit affirmed the denial of Yocha Dehe’s motion to intervene. Yocha Dehe v. U.S.

Dep’t of the Interior, 3 F.4th 427, 428 (D.C. Cir. 2021).

Yet after the Scotts Valley I remand, Interior did not consider Yocha Dehe’s—or any

other tribe’s—submissions before handing down the 2025 ILO. The 2025 ILO admitted as

much. 2025 ILO at 3–4 (stating that Interior did not “consider[] any additional evidentiary

materials from outside parties”). In Yocha Dehe’s view, Interior’s refusal to review its postremand evidence not only departed from the agency’s representation to the D.C. Circuit but also

defied its post-remand assurances to the tribe. See Yocha Dehe June 2025 Letter, ECF No. 41-9,

at 4 (“On November 27, 2024, Principal Deputy Assistant Secretary-Indian Affairs Wizipan

Garriott . . . explicitly confirmed receipt of Yocha Dehe’s submission and promised it would be

carefully reviewed and considered as part of decision-making on Scotts Valley’s restored lands

request.”). After the 2025 ILO’s issuance, Yocha Dehe and three other tribes sued Interior—

claiming, among other things, that Interior’s “refusal to consider relevant evidence timely placed

before [it] by Yocha Dehe, Kletsel Dehe, and other tribes and concerned parties violated the

APA in multiple respects.” See Yocha Dehe Wintun Nation, No. 25-cv-867, Compl., ECF No. 1,

¶ 145; cf. Butte County v. Hogen, 613 F.3d 190, 193–95 (D.C. Cir. 2010) (holding that Interior’s

restored lands determination was arbitrary and capricious where the agency declined to consider

local county’s submission disputing tribe’s historical connection to the parcel).

Given this context, Scotts Valley has not shown that Interior failed to “cogently explain

why it ha[d] exercised its discretion” to reconsider the 2025 ILO. See Motor Vehicle Mfrs.

Ass’n, 463 U.S. at 48. “Agency explanations need not be elaborate or verbose . . . .” Chiesi

21

USA, Inc. v. Kennedy, 2025 WL 2466045, at *6 (D.D.C. Aug. 27, 2025). “Indeed, nothing more

than a ‘brief statement’ is necessary,” if “the agency explains ‘why it chose to do what it did.’”

Coe v. McHugh, 968 F. Supp. 2d 237, 240 (D.D.C. 2013) (quoting Tourus Recs., Inc. v. DEA,

259 F.3d 731, 737 (D.C. Cir. 2001)). Interior sufficiently explained its basis for reconsideration

by voicing its concerns over ignored third-party submissions and potential legal error—concerns

of which Scotts Valley was well aware. Indeed, the Band had itself assured the Circuit that those

third-party submissions would be considered. Nor has the Band demonstrated that Interior later

“chang[ed] the stated scope of reconsideration” by asking third parties to resubmit their postremand materials. See Compl. ¶ 165. There too, the agency likely acted within its discretion

“[t]o ensure that [it] ha[d] all the relevant materials.” See March 2025 Letter at 1. All told,

Scotts Valley is unlikely to prevail on its claim that Interior’s reconsideration was arbitrary and

capricious.

3.

Scotts Valley’s next claim also looks familiar. It asserts that the 2026 ILO “disregard[ed]

the Band’s serious reliance interests.” Compl. ¶ 148; see also Mot. Prelim. Inj. at 39–45. For

similar reasons as last time, the Band is unlikely to succeed on its reliance theory. See Scotts

Valley III, 808 F. Supp. 3d at 20–23.

When an agency reverses course, it must “display awareness that it is changing position

and show that there are good reasons for the new policy.” Encino Motorcars, LLC v. Navarro,

579 U.S. 211, 221 (2016) (cleaned up). “In explaining its changed position, an agency must also

be cognizant that longstanding policies may have engendered serious reliance interests that must

be taken into account.” Id. at 221–22 (cleaned up). “It would be arbitrary and capricious to

ignore such matters.” DHS v. Regents of the Univ. of Cal., 591 U.S. 1, 30 (2020) (cleaned up).

22

As the Court highlighted in Scotts Valley III, “[t]his strand of arbitrary-and-capricious

doctrine does not set a high bar,” “[n]or is that bar uniformly set across all contexts.” 808 F.

Supp. 3d at 22 (cleaned up). While “a cursory explanation” may be “inadequate” when dealing

with “decades of industry reliance,” Kiewit Power Constructors Co. v. Sec’y of Lab., 959 F.3d

381, 399 (D.C. Cir. 2020) (cleaned up), “[a] summary discussion may suffice in other

circumstances,” Encino Motorcars, 579 U.S. at 222.

Against that backdrop, consider Scotts Valley’s asserted reliance interests. According to

the Band, the 2025 ILO “created substantial governmental, economic, regulatory, contractual,

and property-based reliance interests.” Compl. ¶ 145. “Among other things, the Band:

(a) obtained acceptance of the Vallejo Site into trust for the primary purpose of conducting

gaming; (b) obtained [National Indian Gaming Commission] approval of its gaming ordinance;

(c) established a Tribal Gaming Commission and regulatory infrastructure; (d) entered into

agreements with the City of Vallejo; (e) developed and licensed a Class II gaming facility;

(f) hired and trained Tribal employees and gaming regulators; (g) entered into leases and other

contractual obligations; (h) invested more than $10 million in the facility and related

infrastructure; and (i) commenced gaming operations in reliance on the January 2025 [ILO].” Id.

Those reliance interests do not make Scotts Valley likely to succeed on its APA claim.

At the outset, some of the interests duplicate those in Scotts Valley III. At that juncture, the Band

had already “authorized the payment of millions of dollars in project related expenses, signed an

agreement to reimburse the City of Vallejo’s costs to evaluate and analyze potential impacts of

the Tribe’s development, and amended its gaming ordinance and obtained NIGC approval.”

Scotts Valley III, 808 F. Supp. 3d at 22 (cleaned up). Then as now, those actions are not enough

to sustain the Band’s reliance claim.

23

More, the Band’s post-Scotts Valley III reliance interests are “tempered by substantial

concerns for legal or political jeopardy.” See Mozilla Corp. v. FCC, 940 F.3d 1, 64 (D.C. Cir.

2019) (per curiam). To count toward an APA claim, reliance interests must be “reasonably

incurred.” Solenex LLC v. Bernhardt, 962 F.3d 520, 529 (D.C. Cir. 2020). Reliance is

unreasonable when an issue has long “been disputed,” thus shrouding the plaintiff’s actions in

“considerable [legal] uncertainty.” See Bell Atl. Tel. Cos. v. FCC, 79 F.3d 1195, 1207 (D.C. Cir.

1996); see also Voyageur Outward Bound Sch. v. United States, 444 F. Supp. 3d 182, 196

(D.D.C. 2020) (holding that “[p]laintiffs unreasonably relied on a decision actively being

challenged by [a third party] in court”), opinion vacated, appeal dismissed, 2022 WL 829754

(D.C. Cir. Mar. 17, 2022). By that same token, reliance interests count less when the relied-upon

agency decision “might soon be reversed.” See Mozilla Corp., 940 F.3d at 64.

Those principles lessen Scotts Valley’s reasonable reliance interests. After the Court

vacated the 2025 ILO’s rescission in Scotts Valley III, the 2025 ILO—though temporarily

restored—still faced legal peril. As the Court spelled out, its decision “d[id] not bar Interior

from continuing its reconsideration, nor d[id] it stop the Department from revoking the Band’s

gaming eligibility at the end of that process.” Scotts Valley III, 808 F. Supp. 3d at 28.

Recognizing the reconsideration process’s likely result, the Court cautioned that “Scotts Valley

would be ill-served by placing undue reliance on [the Court’s] decision.” Id. Roughly one

month after Scotts Valley III, Interior, too, advised the Band that it would continue its

reconsideration, echoing the Court’s warning about “undue reliance.” December 2025 Letter at

1 (cleaned up). And aside from undergoing active reconsideration, the 2025 ILO was also still

overshadowed by the neighboring tribes’ three lawsuits. See supra Part I.

24

Although the Court does not hold that Scotts Valley’s reliance on the legally effective

2025 ILO was wholly unreasonable, the “considerable uncertainty” about the 2025 ILO’s future

warranted caution. See Bell Atl. Tel. Cos., 79 F.3d at 1207. And even setting aside the legal

peril they faced, the Band’s interests do not amount to the “society- and industry-wide reliance

on longstanding policies” that would require a lengthy explanation. See Scotts Valley III, 808 F.

Supp. 3d at 22–23; see also Mot. Prelim. Inj. at 43 (“The Band does not contend that seven

months of post-[Scotts Valley III] reliance is equivalent in duration to the decades of industry

reliance present in Encino Motorcars.”).

Given the reliance interests at stake, Scotts Valley has not shown that Interior addressed

them inadequately. Instead, the agency showed that it was “cognizant” of the Band’s reliance.

See Encino Motorcars, 579 U.S. at 221–22 (cleaned up). Interior repeatedly warned Scotts

Valley not to rely on the 2025 ILO while reconsideration was ongoing. See March 2025 Letter at

1; December 2025 Letter at 1; cf. MediNatura, Inc. v. FDA, 998 F.3d 931, 942 (D.C. Cir. 2021)

(considering agency’s response to reliance interests “during the development” of the agency

action (cleaned up)). In the 2026 ILO, Interior repeated Scotts Valley III’s warning about “undue

reliance.” 2026 ILO at 3 (cleaned up). As summarized above, the 39-page document then

explained why the new evidence justified reversing the 2025 ILO despite any reliance. See id. at

4–39. Under these circumstances, the APA likely demanded nothing more. See MediNatura,

998 F.3d at 942–43 (upholding FDA’s withdrawal of 30-year enforcement guidance on

homeopathic drugs where the agency gave a one-paragraph explanation). Like last time, “Scotts

Valley’s theory would break new ground, and the caselaw does not warrant that move.” See

Scotts Valley III, 808 F. Supp. 3d at 23. Especially in this preliminary posture.

25

4.

For its final claim, Scotts Valley returns to the well of due process. Compl. ¶¶ 169–83;

Mot. Prelim. Inj. at 37–39. On the last go-around, this Court ruled “that the Band’s gaming

eligibility was a protected property interest and that Interior provided too little process to rescind

it.” Scotts Valley III, 808 F. Supp. 3d at 23. The Band is unlikely to recreate that success here.

The Fifth Amendment guarantees that “[n]o person shall . . . be deprived of life, liberty,

or property, without due process of law.” U.S. Const. amend. V. “The first inquiry in every due

process challenge is whether the plaintiff has been deprived of a protected interest in ‘property’

or ‘liberty.’” Am. Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40, 59 (1999). “Only after finding

the deprivation of a protected interest do [courts] look to see if the government’s procedures

comport[ed] with due process.” Gen. Elec. Co. v. Jackson, 610 F.3d 110, 117 (D.C. Cir. 2010)

(cleaned up).

If the plaintiff shows a deprivation of a protected interest, due process requires “notice

and [an] opportunity for [a] hearing appropriate to the nature of the case.” Cleveland Bd. of

Educ. v. Loudermill, 470 U.S. 532, 542 (1985) (cleaned up). Constitutionally adequate notice

must be “reasonably calculated, under all the circumstances, to apprise interested parties of the

pendency of the action and afford them an opportunity to present their objections.” Reeve

Aleutian Airways, Inc. v. United States, 982 F.2d 594, 599 (D.C. Cir. 1993) (cleaned up). “[D]ue

process requires, at the least, that an affected party be informed of the official action, be given

access to the . . . evidence on which the official actor relied and be afforded an opportunity to

rebut that evidence.” Ralls Corp. v. Comm. on Foreign Inv. in U.S., 758 F.3d 296, 319 (D.C.

Cir. 2014).

26

Scotts Valley’s latest due-process claim targets the reconsideration process. The Band

contends that Interior “failed to provide the Band adequate notice of the specific basis for its

decision to reopen the 2025 [ILO], and failed to give the Band a meaningful opportunity to

present its objections to that course of action.” Mot. Prelim. Inj. at 38. Scotts Valley also sees a

due-process violation in the agency’s decision to “alter[] its reconsideration procedure by

excluding all pre-January 10, 2025, submissions unless they were resubmitted,” which

supposedly “augured a new and different reason for reconsidering the matter.” Id. According to

the Band, Interior “again failed to provide adequate notice of the specific reasons for this new

rationale or a meaningful opportunity to respond to such rationale.” Id.

Scotts Valley is unlikely to succeed on this claim for two reasons.

The first flaw lies in the Band’s focus on the reconsideration process. Remember that

“[t]he first inquiry in every due process challenge is whether the plaintiff has been deprived of a

protected interest in ‘property’ or ‘liberty.’” Am. Mfrs. Mut. Ins. Co., 526 U.S. at 59. In Scotts

Valley III, the Court held that the Band’s rescinded gaming eligibility was a protected dueprocess interest. 808 F. Supp. 3d at 23. By contrast, Interior’s bare decision to reconsider did

not take away Scotts Valley’s gaming eligibility, which means that the Band’s present challenge

does not involve “the deprivation of a protected interest.” See Gen. Elec. Co., 610 F.3d at 117

(cleaned up). To be sure, the 2026 ILO’s restored lands decision amounts to a deprivation, but

the Band does not contend that it lacked opportunity to argue its case for gaming eligibility. See

Mot. Prelim. Inj. at 37–39. As framed here, Scotts Valley’s due-process claim takes issue with

the reconsideration process itself without identifying a protected interest that the process

deprived. That claim runs headlong into the longstanding maxim that plaintiffs “do[] not have a

constitutionally protected interest in having [an agency] adhere to its procedural requirements.”

27

See Brandon v. D.C. Bd. of Parole, 823 F.2d 644, 649 (D.C. Cir. 1987); see also Antidote Health

Plan of Ariz., Inc. v. Becerra, 754 F. Supp. 3d 219, 230 (D.D.C. 2024) (rejecting plaintiff’s effort

to “claim[] a[] [due-process] entitlement to the [agency’s] reconsideration process” because that

“would equate the process due with the substantive interest at stake” (cleaned up)). Scotts

Valley’s refashioned due-process claim is unlikely to work.

Even if the Band possessed a protected interest in not undergoing reconsideration itself,

Interior still satisfied due process’s demands. Interior timely informed the Band of its decision to

reconsider the 2025 ILO less than 11 weeks after its issuance. See Scotts Valley III, 808 F. Supp.

3d at 18. At the start of the reconsideration process, Interior communicated its “concern[] that

the Department did not consider additional evidence submitted after the 2022 Remand.” March

2025 Letter at 1. The agency later reiterated “that not taking those submissions into

consideration in this particular case could be deemed legal error.” December 2025 Letter at 1.

Interior also told the Band what those submissions were about: “whether the Vallejo Site

qualifies as restored lands under 25 U.S.C. § 2719(b)(l)(B)(iii) and 25 C.F.R. Part 292.” March

2025 Letter at 1. And Scotts Valley knew that other tribes like Yocha Dehe had submitted those

materials and were suing Interior over its refusal to consider them. See supra Part III.A.2.

Interior’s notice to the Band thus was “reasonably calculated, under all the circumstances, to

apprise [it] of the pendency of the [reconsideration].” See Reeve Aleutian Airways, 982 F.2d at

599 (cleaned up).

After this Court’s due-process ruling in Scotts Valley III, the Band also had ample

“opportunity to present [its] objections.” See id. (cleaned up). Interior gave Scotts Valley all the

“evidence and legal analysis” that other tribes and stakeholders had resubmitted. 2026 ILO at 3

(cleaned up). The agency then twice “discussed a time frame for reconsideration with the Band,”

28

allowing Scotts Valley to respond almost five months after it received the submissions. Id.

Interior then met in person with the Band, “at which meeting the Band presented its response to

the June 2025 Submissions.” Id. at 3–4 (footnote omitted). Scotts Valley’s final response

consisted of five new expert reports, a 66-page memorandum of law, hundreds of pages of new

exhibits, and an eight-minute video. See Adams Decl., ECF No. 41-1, ¶ 14. The Band’s

memorandum devoted two sections to challenging the necessity of reconsideration. See Scotts

Valley Mem., ECF No. 43-6, at 14–17. After receiving Scotts Valley’s response, Interior

“accepted no further submissions.” 2026 ILO at 4.

The Band has not shown that this process was insufficient. Instead, the record suggests

that Scotts Valley was “informed of the official action,” “given access to the . . . evidence on

which [Interior] relied,” and was “afforded an opportunity to rebut that evidence.” See Ralls

Corp., 758 F.3d at 319. Nor is there likely merit to the Band’s assertion that Interior unlawfully

“altered its reconsideration procedure by excluding all pre-January 10, 2025, submissions unless

they were resubmitted.” Mot. Prelim. Inj. at 38. As Interior clarified to Scotts Valley in giving it

the five-month response period, the agency asked for resubmission “to gather all the evidence

that may not have been considered in reaching the 2025 Gaming Eligibility Determination.”

January 2026 Letter, ECF No. 10-10, at 1. And the resubmission “allow[ed] [the Band] to

narrow the focus of [its] response.” Id. Scotts Valley had plenty of time to deliver its lengthy

response, and it had the last word. That last word included a high-level, in-person meeting,

numerous reports and exhibits, and a short film. The Band is unlikely to show a due-process

violation.

29

* * *

Scotts Valley falters on all four counts. The Band has not demonstrated likely success on

its claim that the 2026 ILO defied Scotts Valley I, that Interior inadequately justified its decision

to reconsider the 2025 ILO, that the agency disregarded its reliance interests, or that Interior

violated due process. Scotts Valley’s “failure to show a likelihood of success on the merits alone

is sufficient to defeat [its] preliminary-injunction motion.” See Standing Rock Sioux Tribe v.

U.S. Army Corps of Eng’rs, 205 F. Supp. 3d 4, 26 (D.D.C. 2016) (citing Ark. Dairy Co-op Ass’n,

Inc. v. USDA, 573 F.3d 815, 832 (D.C. Cir. 2009)). The other factors only underline that defeat.

The Court turns to them now.

B.

When Scotts Valley last moved for injunctive relief, the Court denied its motion solely

because of the lack of irreparable harm. Scotts Valley II, 2025 WL 1639901, at *1. Although the

Band has since pressed on with its casino plans, it comes up short on irreparable harm yet again.

Binding precedent sets “a high standard for irreparable injury.” Chaplaincy of Full

Gospel Churches v. England, 454 F.3d 290, 297 (D.C. Cir. 2006). To amount to irreparable

harm, “[t]he injury must be both certain and great; it must be actual and not theoretical and of

such imminence that there is a clear and present need for equitable relief.” Olu-Cole, 930 F.3d at

529 (cleaned up). The injury must also “be beyond remediation.” League of Women Voters of

U.S. v. Newby, 838 F.3d 1, 8 (D.C. Cir. 2016) (cleaned up).

30

As in its previous motion for preliminary relief, the Band puts forward two kinds of

harm: economic and sovereign. 2 See Scotts Valley II, 2025 WL 1639901, at *3; Mot. Prelim. Inj.

at 45–50. Neither cuts the mustard.

1.

Start with economic harm, where the uphill slope is even steeper than elsewhere. “Where

the injuries alleged are purely financial or economic, the barrier to proving irreparable injury is

higher still, for it is well settled that economic loss does not, in and of itself, constitute

irreparable harm.” Mexichem Specialty Resins, Inc. v. EPA, 787 F.3d 544, 555 (D.C. Cir. 2015)

(cleaned up). “Financial injury is only irreparable where no adequate compensatory or other

corrective relief will be available at a later date, in the ordinary course of litigation.” Id. To

count as irreparable, then, the loss must “threaten[] the very existence of the movant’s business.”

Wis. Gas Co., 758 F.2d at 674.

Scotts Valley’s claimed economic harm flows from the forced “[c]losure of the Preview

Casino,” which “immediately eliminated the gaming revenue that the Band intended to use to

support the facility.” Davis Decl. ¶ 54. The Band asserts that its “total investment in the

Preview Casino exceeds $10 million.” Mot. Prelim. Inj. at 48; see also Davis Decl. Ex. A, ECF

No. 10-3 (table providing claimed expenses). According to the Band, “[t]his figure represents

unrecoverable sunk costs for the use of class II gaming devices, the placement, structural

improvement, and outfitting of buildings for the Preview Casino, construction and improvement

of the facility’s landscaping, driveway and parking area, and the hiring and training of casino

2

The Band also claims irreparable harm from Interior’s alleged due-process violation. Mot. Prelim. Inj. at 46. Because the Band is unsuccessful in its due-process claim, supra Part III.A.4, it suffers no constitutional irreparable harm. See Mills v. District of Columbia, 571 F.3d 1304, 1312 (D.C. Cir. 2009).

31

employees and the members and staff of the Tribal Gaming Commission.” Mot. Prelim. Inj. at

49. Scotts Valley states that “[a]ll of these costs were incurred while the January 2025 restored

lands decision was in effect,” and “[t]he facility’s premature closure prevents the Band from

recouping the[m].” Id.

“Even while the Preview Casino remains closed,” the Band maintains, “approximately

$235,247 in expenses and obligations are incurred each month to preserve the facility and the

governmental and operational infrastructure necessary to resume gaming.” Davis Decl. ¶ 54.

“Those continuing monthly expenses include approximately $59,081 for employees; $40,500 for

security; $50,167 attributable to obligations under the Band’s agreement with the City of Vallejo;

$68,000 for trailer and generator rental and fuel; and $17,500 for the Tribal Gaming

Commission, including its Executive Director and Commissioners.” Id. ¶ 55. And “[c]ontinued

closure will also deprive the Band of gaming revenues needed to support Tribal governmental

operations, delay the development of the planned Class III gaming facility, and result in the loss

of community goodwill, operational momentum, and valuable regulatory and operational

experience that cannot readily be recreated.” Mot. Prelim. Inj. at 49.

Though greater than last year, the Band’s economic harm still is not irreparable. Similar

to Scotts Valley II, at least some of the Band’s costs are deductible or insufficiently corroborated.

See Scotts Valley II, 2025 WL 1639901, at *3–4. Scotts Valley’s cost table labels more than $2

million in expenses simply as “Admin Office,” without offering further detail. See Davis Decl.

Ex. A at 1. Worse, the table lists more than $1.5 million of those “Admin Office” costs as

occurring the month before or on October 30, 2025—the day the Court issued Scotts Valley III.

That sum thus was not “incurred while the January 2025 restored lands decision was in effect.”

See Mot. Prelim. Inj. at 49. The rest of Scotts Valley’s cost summary is only slightly more

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detailed. Under the banner of “Other Purchases as of 7.31,” for example, it claims more than $4

million, providing curt descriptions like “Klas Robinson” ($48,789), “Habitat Credits”

($168,000), and “MOU Commitment” ($1,506,000). Davis Decl. Ex. A at 3–4. This showing

does not meet the high “degree of proof required for irreparable harm.” See Olu-Cole, 930 F.3d

at 529 (cleaned up).

Even if taken at face value, Scotts Valley’s economic harm would still not justify a

preliminary injunction. That is for one main reason: The Band has not established that any of its

monetary losses “threaten[] the very existence of [its] business.” See Wis. Gas Co., 758 F.2d at

674. Without that showing, Scotts Valley cannot surmount the even higher “barrier to proving

irreparable injury” through economic harm. See Mexichem Specialty Resins, 787 F.3d at 555.

Not being able to immediately recover the $10 million investment into the Preview

Casino does not threaten to destroy the Band’s business. In fact, by Scotts Valley’s own

admission, the $10 million sum is “sunk cost[].” Mot. Prelim. Inj. at 49. For that expense, the

Band thus fails to show that “no adequate compensatory or other corrective relief will be

available at a later date, in the ordinary course of litigation.” See Mexichem Specialty Resins,

787 F.3d at 555 (cleaned up); see also, e.g., Morgan Drexen, Inc. v. CFPB, 979 F. Supp. 2d 104,

112 (D.D.C. 2013) (ruling that “any previous harm . . . is not properly remedied by prospective

injunctive relief absent a showing that the harm is likely to recur”), aff’d, 785 F.3d 684 (D.C.

Cir. 2015). Without more, the $10 million figure looks like ordinary economic loss, which “does

not, in and of itself, constitute irreparable harm.” See Mexichem Specialty Resins, 787 F.3d at

555 (cleaned up).

Nor does Scotts Valley meet the mark with the claimed $235,247 per month to maintain

its casino and “the governmental and operational infrastructure necessary to resume gaming.”

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See Davis Decl. ¶ 54. Once again, the threat to the movant’s business must be “of such

imminence that there is a clear and present need for equitable relief.” See Olu-Cole, 930 F.3d at

529 (cleaned up). The Band does not make that showing—even if the Court accepts Scotts

Valley’s questionable claim that it takes $235,247 per month to maintain two modular buildings

with 17 class II gaming machines. See Mot. Hr’g Tr. at 11:3–12. At the motion hearing, Scotts

Valley’s counsel predicted that “[a]t some point, the preservation costs are going to outweigh the

costs of dismantling the facility.” Id. at 5:25–6:1. But he admitted that “we don’t have a date for

that yet,” asserting instead that “th[is] day may come.” Id. at 6:1–3. That is not enough to prove

imminent irreparable harm. See Nat’l Min. Ass’n v. Jackson, 768 F. Supp. 2d 34, 51–52 (D.D.C.

2011) (finding no irreparable harm even where company claimed that it lost $6.7 million in

revenue, that it “laid off five of its twenty-eight employees,” that it would “likely need to lay off

more employees and sell equipment to lower its costs and loan debt in the very near future,” and

that it “would be forced out of business in eighteen months” (cleaned up)).

The final flaw in Scotts Valley’s claim of economic harm is that it was largely avoidable.

“It is well-settled that a preliminary injunction movant does not satisfy the irreparable harm

criterion when the alleged harm is self-inflicted.” Safari Club Int’l v. Salazar, 852 F. Supp. 2d

102, 123 (D.D.C. 2012) (cleaned up); accord Int’l Ass’n of Sheet Metal, Air, Rail & Transp.

Workers v. Nat’l Mediation Bd., 502 F. Supp. 3d 180, 193 (D.D.C. 2020) (same). In its push to

set up and open the Preview Casino one week before Interior’s announced deadline for the 2026

ILO, the Band knew that its gaming eligibility was on shaky ground—not least because this

Court warned Scotts Valley against unduly relying on its decision. See Scotts Valley III, 808 F.

Supp. 3d at 28. Scotts Valley rolled the dice and invested anyway, which makes its economic

harm self-inflicted. To be sure, one decision in this district has ruled that harm is self-inflicted

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only if “curable by the moving party without an injunction.” See District of Columbia v. Dep’t

of Agric., 444 F. Supp. 3d 1, 35 (D.D.C. 2020). But even under that standard, the Band could

have avoided sinking $10 million into a casino project that it knew was in serious legal jeopardy.

Ultimately, Scotts Valley has “suffered the most from [its] own actions.” See Barton v. District

of Columbia, 131 F. Supp. 2d 236, 247 (D.D.C. 2001). That reality cements the Band’s failure to

justify a preliminary injunction via economic harm.

2.

Next to economic loss, Scotts Valley also asserts sovereign harm. Mot. Prelim. Inj. at

46–48. “Until the 2026 [ILO], the Band possessed the sovereign authority to regulate class II

gaming on the Vallejo Site.” Id. at 46. The Band exercised that authority when operating the

Preview Casino. See id. at 47–48. By revoking the parcel’s gaming eligibility, Scotts Valley

contends, Interior “immediately terminate[d] the Band’s governmental power over class II

gaming.” Id. at 46. On top of that inability to regulate, Scotts Valley also points to three other

“interrelated governmental activities that were harmed by” the 2026 ILO: the Band’s “use of the

land” for gaming, the Band’s employment of its members in the casino, and its

“intergovernmental relationships with the City of Vallejo.” Mot. Hr’g Tr. at 9:2–10:14; see also

Mot. Prelim. Inj. at 46–48.

Once again, the Court recognizes that the Band has made headway since Scotts Valley II.

Though briefly and on a small scale, the Band ran a class II gaming operation on the parcel. The

Court also assumes that the Band’s loss of regulatory authority is not self-inflicted because that

outcome is unavoidable “without an injunction.” See Dep’t of Agric., 444 F. Supp. 3d at 35.

35

And yet, the Band’s claimed sovereign harm is not enough. Even today, it remains true

that “any sovereignty change has not produced the type of actual, tangible harm that the D.C.

Circuit requires.” See Scotts Valley II, 2025 WL 1639901, at *6 (cleaned up).

The Circuit has emphasized that not all incursions on an Indian tribe’s sovereignty are

equally grave. As it explained in San Manuel Indian Bingo & Casino v. NLRB, 475 F.3d 1306

(D.C. Cir. 2007), “[a]n examination of Supreme Court cases shows tribal sovereignty to be at its

strongest when explicitly established by a treaty . . . or when a tribal government acts within the

borders of its reservation, in a matter of concern only to members of the tribe.” Id. at 1312

(citations omitted). “Examples of such intramural matters include regulating the status of tribe

members in relation to one another . . . and determining tribe membership.” Id. (citations

omitted). By contrast, the D.C. Circuit ruled that “when a tribal government goes beyond

matters of internal self-governance and enters into off-reservation business transaction[s] with

non-Indians, its claim of sovereignty is at its weakest.” Id. at 1312–13. As the court also

recognized, “[m]any activities of a tribal government fall somewhere between a purely

intramural act of reservation governance and an off-reservation commercial enterprise.” Id. at

1313. In those cases, the incursion on tribal sovereignty equals the degree to which the

challenged action “will constrain the tribe with respect to its governmental functions.” Id.

The Circuit applied those principles to a tribe’s casino operations. Id. at 1314. As the

court acknowledged, “in establishing and operating the Casino, San Manuel ha[d] not acted

solely in a commercial capacity.” Id. After all, the tribe’s “enactment of a tribal labor ordinance

to govern relations with its employees was a governmental act, as was its act of negotiating and

executing a gaming compact with the State of California.” Id. “Nevertheless,” the Circuit

concluded, “impairment of tribal sovereignty [wa]s negligible in this context, as the Tribe’s

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activity was primarily commercial and its enactment of labor legislation and its execution of a

gaming compact were ancillary to that commercial activity.” Id. at 1315. In the San Manuel

court’s eyes, the sovereign harm ultimately “amount[ed] to some unpredictable, but probably

modest, effect on tribal revenue and the displacement of legislative and executive authority that

is secondary to a commercial undertaking.” Id. To the Circuit, that “limited” harm did not

warrant “a restrictive construction of the [National Labor Relations Act].” Id.

This distinction shows why Scotts Valley’s claimed sovereign harm is not enough. As in

San Manuel, the Band’s injuries fall outside the core of sovereignty and are instead “ancillary to

th[e] commercial activity” of running a casino. See id. That fact once again distinguishes

Mashpee Wampanoag Tribe v. Bernhardt, 2020 WL 3034854 (D.D.C. June 5, 2020), which

remains Scotts Valley’s best case in this setting. See Mot. Prelim. Inj. at 48. In that case, the

federal government took the tribe’s land out of trust, wholly extinguishing “its sovereignty over

the land,” and thereby also taking away the tribe’s “right to self-governance” and “its eligibility

for a variety of federal programs and funding including COVID relief.” Mashpee Wampanoag

Tribe, 2020 WL 3034854, at *3. As before, “[t]his context is readily distinguishable from the

current situation,” mainly because the Band’s land remains in trust. See Scotts Valley II, 2025

WL 1639901, at *8. Instead, this case resembles Cow Creek Band of Umpqua Tribe of Indians

v. Department of the Interior, 2025 WL 548316 (D.D.C. Feb. 19, 2025), where the plaintiff

tribes similarly failed to “describe[] in any detail how potential near-term revenue losses [from

gaming] would concretely affect any program or service.” See id. at *4. Irreparable harm

demands more.

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* * *

Neither the Band’s economic loss nor its sovereign harm satisfies the Circuit’s “high

standard for irreparable injury.” See Chaplaincy of Full Gospel Churches, 454 F.3d at 297. That

failure is fatal.

C.

If that were still not enough, Scotts Valley must also show “that the balance of equities

tips in [its] favor, and that an injunction is in the public interest.” Winter, 555 U.S. at 20. “These

factors merge when the Government is the opposing party.” Nken, 556 U.S. at 435. That is

because “the government’s interest is the public interest.” Pursuing Am.’s Greatness v. FEC,

831 F.3d 500, 511 (D.C. Cir. 2016). And “[i]n assessing these factors, courts consider the

impacts of the injunction on nonparties as well.” TikTok Inc. v. Trump, 490 F. Supp. 3d 73, 84

(D.D.C. 2020). Here, the equities and public interest weigh decisively against preliminary relief.

Scotts Valley addresses these factors briskly. See Mot. Prelim. Inj. at 50–51. The Band

contends that they weigh in its favor because it “faces immediate and concrete harms to its due

process rights, gaming rights, sovereign authority, economic development efforts, and

government-to-government relationships.” Id. at 50. Despite the Band’s curt briefing, the Court

recognizes its interest in a favorable ILO, especially after its ten-year quest to obtain it. As

before, the Court credits Scotts Valley’s claim that “gaming on the Vallejo parcel would

rejuvenate the long landless tribe’s governmental operations and economic development.” Scotts

Valley III, 808 F. Supp. 3d at 25 (cleaned up).

The problem for the Band is that several other sovereigns have genuine concerns

counseling against a preliminary injunction. The first (of course) is the federal government, or

Interior, which continues to “ha[ve] an interest in reaching the right gaming decision because a

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Vallejo casino would have substantial social and economic effects, especially on the neighboring

tribes.” See id. at 26; see also Dun & Bradstreet Corp. Found. v. USPS, 946 F.2d 189, 194 (2d

Cir. 1991) (recognizing “the general public interest in attaining the correct result in

administrative cases”). Reinstating the 2025 ILO despite Interior’s deliberate—and thoroughly

reasoned—decision to revoke it would impair the federal government’s interest.

Scotts Valley’s home state also advocates against preliminary relief. In his amicus brief,

Governor Gavin Newsom contends that “[t]he proposed preliminary injunction threatens to harm

California and its Governor, and the public interests that they represent.” Governor Newsom

Amicus Br., ECF No. 38, at 4. “In particular,” the Governor explains, “a preliminary injunction

threatens to coerce California and its Governor into compact negotiations; expose them to new

litigation risk; and undermine their bargaining position, given . . . the unprecedented uncertainty

surrounding the gaming eligibility of the Vallejo site.” Id. The Governor also reiterates his

general “oppos[ition] [to] the U.S. Department of the Interior’s invocation of IGRA’s ‘restored

lands’ exception to render the Vallejo site gaming-eligible.” Id. at 5 n.1. Consistent with that

opposition, the Governor emphasizes that “despite the Scotts Valley Band’s contrary implication,

the two sides are not near consensus in [class III] compact negotiations.” Id. at 6.

Finally, there are the four neighboring tribes, all of whom vehemently oppose Scotts

Valley’s casino plans and its bid for preliminary relief. See Lytton Rancheria Amicus Br., ECF

No. 39, at 5–6; United Auburn Amicus Br., ECF No. 40, at 6; Patwin Tribes Amicus Br., ECF

No. 41, at 6. According to the United Auburn Indian Community, for example, “[t]he record

already demonstrates that Scotts Valley’s proposed off-reservation project would compete

directly with [the tribe’s] existing on-reservation tribal gaming operations.” United Auburn

Amicus Br. at 21. Meanwhile, the two Patwin tribes (Yocha Dehe and Kletsel Dehe) also assert

39

cultural harm. They maintain “that the Vallejo Property lies within Patwin ancestral lands,”

which “are not just an important part of Patwin history, but also an integral and continuing part

of Patwin cultural identity.” Patwin Tribes Amicus Br. at 27. “This is a matter of critical

importance to Yocha Dehe and Kletsel Dehe, whose ancestors and culture were almost

completely erased by government policies during the late nineteenth and early twentieth

centuries.” Id. According to the Patwin tribes, restoring the 2025 ILO would “renew that

process of erasure, causing a deep cultural injury that transcends the harm associated with a nontribal land dispute.” Id.

* * *

Several sovereigns explain why a preliminary injunction would harm the constituencies

they represent. Restoring the 2025 ILO (even temporarily) would displace the federal

government’s thoroughly reasoned decision on gaming eligibility, push California into

negotiating a casino expansion that it opposes, and injure both the economic and cultural

interests of multiple neighboring tribes. Although the Band has an interest in realizing its

gaming plans, that interest does not tilt the balance in favor of the extraordinary relief that it

seeks. Indeed, this final factor weighs especially strongly against an injunction given the

concerns raised by amici.

IV.

In sum, the Court holds that Scotts Valley has not carried its heavy burden to obtain a

preliminary injunction. The Band fails to show likelihood of success on any of its four claims:

that Interior infringed Scotts Valley I’s remand order, that it improperly justified its

reconsideration, that the agency ignored the Band’s reliance interests, and that Interior violated

the Band’s due-process rights. Nor has Scotts Valley established irreparable harm with either its

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economic or sovereign injuries. Finally, the equities and public interest oppose a preliminary

injunction for the Band. “[A] preliminary injunction is an extraordinary and drastic

remedy . . . .” Mazurek, 520 U.S. at 972 (cleaned up). None is warranted here.

For these reasons, it is hereby

ORDERED that Scotts Valley’s [10] Motion for Preliminary Injunction is DENIED.

2026.09.30

14:25:00 -04'00'

Dated: September 30, 2026 TREVOR N. McFADDEN

United States District Judge

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