COM. OF MASS. v. WAMPANOAG TRIBE OF GAY HEAD

No. 16-1137.

853 F.3d 618 (2017)

Commonwealth of MASSACHUSETTS; Aquinnah/Gay Head Community Association, Inc.; Town of Aquinnah, MA, Plaintiffs, Appellees, v. The WAMPANOAG TRIBE OF GAY HEAD (AQUINNAH); The Wampanoag Tribal Council of Gay Head, Inc.; The Aquinnah Wampanoag Gaming Corporation, Defendants, Appellants, Charles D. Baker, in his official capacity as Governor of the Commonwealth of Massachusetts; Maura T. Healey, in her capacity as Attorney General of the Commonwealth of Massachusetts; Stephen P. Crosby, in his capacity as Chairman of the Massachusetts Gaming Commission, Third-Party Defendants.

United States Court of Appeals, First Circuit.

April 10, 2017.


Attorney(s) appearing for the Case

Scott D. Crowell , with whom Crowell Law Offices-Tribal Advocacy Group, Sedona, AZ, Lael Echo-Hawk and Hobbs Straus Dean & Walker, LLP were on brief, for appellants.

Judy B. Harvey , Attorney, Environment and Natural Resources Division, U.S. Department of Justice, with whom John C. Cruden , Assistant Attorney General, Sam Hirsch , Principal Deputy Assistant Attorney General, Mary Gabrielle Sprague and Amber Blaha , Attorneys, Environment and Natural Resources Division, Dan Lewerenz , Office of the Solicitor, Department of the Interior, and Maria Getoff , Office of the General Counsel, National Indian Gaming Commission, were on brief, for United States as amicus curiae.

Felicia H. Ellsworth , with whom Claire M. Specht , Boston, MA, James L. Quarles, III , Washington, DC, and Wilmer Cutler Pickering Hale and Dorr LLP were on brief, for appellee Aquinnah/Gay Head Community Association, Inc.

Ronald H. Rappaport , with whom Michael A. Goldsmith , Boston, MA, and Reynolds, Rappaport Kaplan & Hackney, LLC, Edgartown, MA, were on brief, for appellee Town of Aquinnah.

Juliana deHaan Rice , Assistant Attorney General, Government Bureau, with whom Bryan F. Bertram , Assistant Attorney General, and Maura T. Healey , Attorney General, were on brief, for appellee Commonwealth of Massachusetts and Third-Party Defendants.

Before Howard, Chief Judge, Torruella and Kayatta, Circuit Judges.


Appellant, the Wampanoag Tribe of Gay Head (Aquinnah)1 (the "Tribe"), a federally recognized Indian tribe, seeks to have gaming pursuant to the Indian Gaming Regulatory Act ("IGRA"), 25 U.S.C. §§ 2701-2721, on its trust lands in Dukes County, Massachusetts (the "Settlement Lands")...

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