Despite a recent setback in their attempt to block federal recognition for an area Indian tribe, both Napa and Sonoma counties are still committed to the cause.
Attorneys representing both counties submitted responses last week to an amended complaint filed by the Mishewal Wappo Tribe of Alexander Valley, which is presently suing the federal government for formal recognition.
The filings come nearly two weeks after U.S. District Court Judge Edward Davila tossed out a request by the two counties that the court dismiss the tribe’s arguments for recognition.
Many of the arguments put forward in the recent filings reiterate points made by the counties in their attempt to have the case dismissed, including a claim that the Wappo waited too long to raise the issue of recognition with the federal government.
The counties are also arguing that the current tribe bears little connection to the historical Wappo group that lived in the area before the arrival of Europeans in the 19th century.
Should the Wappo be granted federal recognition, the tribe would gain the right to operate a casino and function as a sovereign entity not subject to local laws or zoning restrictions.
In Napa County, officials fear that such a scenario could lead to a Las Vegas-style casino or other major development being build somewhere in the county’s Ag Preserve.
Had the counties not responded within 14 days of Davila’s ruling, the Wappo could have requested that a default judgment be made against the two counties, effectively ending Napa’s involvement in the case.
The tribe first sued the federal government in 2009, claiming that their official recognition was illegally terminated in 1959.
Sonoma County joined the suit as an intervenor defendant in March of 2010, fearing that recognition would eventually translate to a tribal casino being built somewhere in the North Bay.
Napa and Lake counties joined the suit a month later.
Lake County has since withdrawn its opposition to the Wappo’s claim, having reached a settlement  that committed the tribe to not acquiring land in Lake County until at least 10 years after recognition is awarded.
The tribe also agreed to work with Lake County on any land acquisition or development that may take place after the decade-long moratorium expires.
Wappo chairman Scott Gabaldon has previously said that he expects a settlement with the government to come shortly. Meanwhile, attorneys from both Napa and Sonoma remain steadfast in their opposition.
Filings by both counties ask the court to dismiss the tribe’s complaint as well as award the counties costs and expenses associated with their involvement in the Wappo case.
The bulk of those costs likely come from contracts with Nixon Peabody LLP, a Boston law firm specializing in tribal issues that was hired by Napa and Sonoma counties in November 2010.
According to spending agreements approved by the counties’ respective boards of supervisors, Sonoma and Napa have each allocated an annual $125,000 to the Nixon Peabody contract, with provisions to automatically renew the contract, if necessary.
Representatives from the Napa County Counsel office declined to comment on the case, citing a policy of not discussing ongoing litigation.