Alert 10.19.26
Indian Gaming and Prediction Markets: Tribal Amici Ask SCOTUS to Step In
Nearly 150 Tribes and tribal organizations warn the Supreme Court that prediction-market sports betting threatens tribal sovereignty and essential revenue.
Blaine Green leads the Native American Law practice at Pillsbury, one of a small number of big firms nationally recognized in this area.
Blaine represents tribes, as well as companies working with tribes, on a wide range of transactional (project finance, land-into-trust, construction), regulatory (gaming, tax compliance and advice) and litigation (disputes in courts and before the Interior Board of Indian Appeals) matters. He also litigates and arbitrates a broad array of complex environmental and commercial cases. He has first-chaired jury trials, court trials and arbitrations, and successfully argued cases before the California courts of appeal and the Ninth Circuit, resulting in many published decisions.
Representative Experience
- Representing petroleum trade associations in a series of cases brought by environmental groups challenging the practice of hydraulic fracturing and other well stimulation techniques in California. Prevailed in three lawsuits to date.
- Representing tribal joint ventures, as well as companies doing business on Indian land, in disputes with state and local government over attempts to tax on-reservation property and activities.
- Representing a freight railroad in connection with environmental, commercial, transactional and litigation matters relating to California High-Speed Rail and related projects.
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- Native American Law
- Represented Chehalis tribe and its joint venture partner in a Ninth Circuit appeal involving important issues of tribal sovereignty, economic development and immunity from state and local taxation. Won a precedent-setting decision for tribes and their partners, holding that state and local government may not tax improvements built on Indian land.
- As counsel for a California-based tribe, led a multidisciplinary team of Pillsbury lawyers in the $47.5 million syndicated financing and construction of a new casino and hotel.
- In a direct challenge to tribal sovereign immunity, successfully defended a tribe, its casino, tribal officials and casino employees against lawsuit for wrongful termination and violation of civil rights. First-chaired the case in the district court and the Ninth Circuit—including briefing and oral argument at the Court of Appeals—culminating in a published, precedential opinion.
- Represented a tribe in connection with its application to take land in federal trust. California objected to Interior’s decision to take the land into trust and filed an appeal to the Interior Board of Indian Appeals. Led the successful defense of this appeal.
- Representation and Advice to Companies Doing Business in Indian Country
- Represented private equity firm and forest products manufacturer in lease of mill on Indian land, log purchase agreement with tribe, and related transactions.
- Represented private businesses in the leasing and development of mineral rights on tribal land.
- Advised energy company on the Indian Law aspects of development project near to several Native American tribes, assisting company in consultation and negotiation with local tribal groups.
- Advising investment firm on engagement with tribe and federal recognition issues.
- Represented regional bank in $75 million refinancing of tribal casino.
- Represented various companies on Indian Law issues related to commercial agreements and transactions.
- Represented insurance company in project with tribally incorporated entity to develop worker’s compensation insurance program for Indian tribes.
- Represented developer of internet gaming venture for tribe.
- Represented financial services firm in negotiation and drafting of investment management agreement with tribe.
- Representing casino gaming services provider in tax refund lawsuit against Washington state taxing authority.
- Representing owner and operator of power plant on Indian land in tax refund claims against county in California.
- Representing operator of plywood mill on Indian land in defending notices of violation issued by U.S. Environmental Protection Agency.
- Represented non-Native property owner in connection with negotiation for transfer of land to Indian tribe.
- Environmental Litigation
- Representing citizens group challenging San Jose’s approval of an option agreement for the sale of downtown land to build a new baseball stadium for the Oakland A’s. Court ordered the city to withdraw the option agreement.
- Representing petroleum trade associations in two related lawsuits challenging the environmental impact report for Kern County’s ordinance that provides for the streamlined permitting of oil and gas wells.
- Representing oil industry groups in lawsuit by environmental group seeking to shut down thousands of injection wells needed for oil production in California. Defeated motion for preliminary injunction, prevailed at trial, and now defending appeal.
- Representing petroleum trade association in case challenging the State of California’s environmental review of the statewide impacts of hydraulic fracturing and other well stimulation treatments. Prevailed at trial.
- Represented petroleum trade associations in cases brought by environmental groups—pursuant to the California Environmental Quality Act and the Underground Injection Control program—challenging the practice of hydraulic fracturing. Obtained dismissal of both cases.
- Representing homeowners association in writ of mandate lawsuit by neighboring association, challenging the County’s abandonment of a public road easement through client’s subdivision. Defeated application for temporary restraining order that would have forced private vehicle access.
- Represented energy company in Superfund lawsuit seeking clean-up and damages arising from contamination at property used as a landfill. Obtained grant of partial summary judgment and settled remaining claims for nuisance value.
- Defended energy company against housing developer’s claims for nuisance, trespass and indemnity arising from alleged contamination on property acquired by developer. Filed motion for summary judgment and, on evening of hearing, settled case for minimal value.
- Represented forest products company in complex, multiparty Superfund lawsuit. Sued co-defendant for indemnity, obtained dismissal of claims against client, and favorably settled indemnity claims.
- On behalf of power plant owner facing long-running challenge over discharge permit, drafted winning briefs in the trial court and on appeal, culminating in published California Supreme Court decision in favor of client.
- Commercial Arbitration
- Represented phone service provider in arbitration of claims and counterclaims arising from unsuccessful implementation and management of customer billing system. Conducted week-long trial before three-arbitrator AAA panel, resulting in substantial award to phone service provider client.
- Defended a Native American tribe in JAMS arbitration involving gaming machine vendor and financing company, with potential damages of $20 million. Drafted and argued dispositive motion resulting in dismissal of all claims.
- Represented independent power producer in AAA arbitration with a demolition contractor over claims arising from a power plant modernization project. After second day of arbitration, contractor agreed to drop its claim, reimburse power producer for paying off liens, and complete the remaining demolition work when permitted.
- Represented power plant operator in connection with investigations and claims arising out of large oil tank fire. Settled claims against contractor before AAA arbitration hearing on very favorable terms to our client.
- Represented independent power producer in dispute with state agency over fees due under power purchase agreements. Prevailed at AAA arbitration, resulting in award of damages, as well as costs and attorneys’ fees.
- Defended seller of internet business against claims of breach of representations and warranties upon the sale of the business. Case favorably settled shortly before AAA arbitration, with no monetary or other payment by client.
- Represented ownership group in dispute with joint venture partner over the ownership and operation of a major sports team. Mediated the dispute with sports league commissioner, resulting in favorable, pre-arbitration settlement for client.
- Intellectual Property and Unfair Competition
- Defended marketer and importer of mezcal against competitor’s allegations of trade secret misappropriation and related business tort claims.
- Sued competitor that produced low quality knockoffs of consumer products; also sued big-box retailer where knockoff goods were sold. Case favorably settled with competitor agreeing to stop producing knockoffs and pay damages, and retailer agreeing to stop selling products in question.
- Defended Taiwan-based client against claims that its holiday ornaments infringed the copyrights and trade dress of a rival company and the artwork of its affiliated designer. Case favorably settled without any monetary payment by client.
- Defended owners of a textile design company against competitor’s claims of copyright infringement, trademark infringement, unfair competition and interference with contracts, alleging damages of more than $20 million. Drafted and argued successful motion for summary judgment on unfair competition, interference with contract and trademark claims, and settled remainder of action for nuisance value.
- Represented financial services company in response to competitor’s allegations of copyright infringement and unfair competition. Dissuaded competitor from filing suit.
- Represented biotechnology company in suit brought by pharmaceutical firm over patent rights to a new treatment for Alzheimer’s disease. Case settled on favorable terms.
- Advised casino clients on patents related to gaming machines, methods and related equipment. Advised casino clients on trademark and copyright issues, including common law trademarks and trademark registrations. Advised brewery on trademark issues.
Professional Highlights
- Member, Native American Law Editorial Board, Law360
- Chair, Pillsbury’s Pro Bono Committee
- Keta Taylor Colby Award, Lawyers' Committee for Civil Rights (2008), for extraordinary contributions to representing indigent individuals through the “Tuesday Night Clinic” of the San Francisco Lawyers Committee for Civil Rights.
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- Member and former vice chair, Pillsbury’s Attorney Development Committee
- External Publications
- “One Size Does Not Fit All: Different Approaches to Conservation and Development of Tribal Resources,” Inside the Minds: Best Practices for Protecting Natural Resources on Tribal Land (2016 Edition).
- “EPA Guidance on Indian Tribe Consultation: What it Means and Why it Matters,” presentation sponsored by Lorman Education Services, 4/15/2013.
- “Internet Gaming and Indian Country: The Trends and the Strategies, Inside the Minds: Emerging Issues in Tribal-State Relations (2012 Edition).
- “Sovereignty and Economy: Tribal-State Conflict in a Time of Recession,” Emerging Issues in Tribal-State Relations: Leading Lawyers on Preserving Tribal Sovereignty, Responding to New Regulations, and Improving the Tribal-State Relationship, 2010.
- Firm Publications
- “Much Ado about Doing Nothing: DOJ’s Latest Memorandum Cracks Open Door to Marijuana Development on Tribal Lands,” Authors: Blaine I. Green, Emily M. Burkett, 4/2/2015.
- “Federal Rule and Ninth Circuit Opinion Create Huge Opportunities on Indian Land,” Authors: Blaine I. Green, Matthew F. Burke, 4/9/2014.
- “A Precedent-Setting Ninth Circuit Victory for Tribes and Their Business Partners,” Authors: Blaine I. Green, Kevin M. Fong, G. Allen Brandt, 2/13/2014.
- “Caution: Tribal Names Not a Free-For-All,” Authors: Blaine I. Green, Robert B. Burlingame, Jeffrey Jacobi, 3/30/2012.
- “Seventh Circuit Rejects Bond Indenture and Its Waiver of Tribal Sovereign Immunity, but Allows Leave to Amend for Equitable Claims,” Authors: Blaine I. Green, Craig A. Barbarosh, Daron T. Carreiro, 10/31/2011.
- “Federal Regulations Proposed to Streamline Renewable Energy Projects on Tribal Land,” Authors: Blaine I. Green, Michael S. Hindus, Benjamin R. Uy, Matt Hallinan, 3/21/2011.
- “Is Corporate Bankruptcy an Option for Tribal Casinos?,” Authors: Blaine I. Green, Craig A. Barbarosh, Mark Houle, Daron T. Carreiro, 2/28/2011.
- “Doing Business in Indian Country: Unique Opportunities and Challenges,” Authors: Blaine I. Green, G. Allen Brandt, 8/31/2010.
Education
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J.D., Harvard Law School, 1997
cum laudeB.A., Harvard University, 1994
magna cum laude, Phi Beta Kappa
Admissions
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California
Courts
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U.S. District Court for the Northern District of California
U.S. District Court for the Eastern District of California
U.S. District Court for the Central District of California
U.S. Court of Appeals for the Ninth Circuit
U.S. Supreme Court
Languages
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French