CITIZENS AGAINST CASINO GAMBLING v. CHAUDHURI

Nos. 11-5171, 11-5466, 13-2339, 13-2777.

802 F.3d 267 (2015)

CITIZENS AGAINST CASINO GAMBLING IN ERIE COUNTY, Joel Rose and Robert Heffern, as Co-Chairpersons; D. Min. G. Stanford Bratton, Reverend, Executive Director of the Network of Religious Communities; Network of Religious Communities; National Coalition Against Gambling Expansion; Preservation Coalition of Erie County, Incorporated; Coalition Against Gambling in New York-Action, Incorporated; Campaign for Buffalo-History Architecture & Culture; Sam Hoyt, Assemblyman; Maria Whyte; John McKendry; Shelley McKendry; Dominic J. Carbone; Geoffrey D. Butler; Elizabeth F. Barrett; Julie Cleary; Erin C. Davison; Alice E. Patton; Maureen C. Schaeffer; Joel A. Giambra, Individually and as Erie County Executive; Keith H. Scott, Sr., Pastor; Dora Richardson; and Josephine Rush, Plaintiffs-Appellants-Cross-Appellees, v. Jonodev Osceola CHAUDHURI, in his official capacity as Chairman of the National Indian Gaming Commission; The National Indian Gaming Commission; Sally Jewell, in her official capacity as Secretary of the Interior; and The United States Department of the Interior, Defendants-Appellees-Cross-Appellants.

United States Court of Appeals, Second Circuit.

Decided: September 15, 2015.


Attorney(s) appearing for the Case

Cornelius D. Murray , O'Connell and Aronowitz, P.C., Albany, NY, for Plaintiffs-Appellants-Cross-Appellees.

Katherine J. Barton , United States Department of Justice, Environment & Natural Resources Division, Washington, D.C. ( Michael Hoenig , Office of General Counsel, National Indian Gaming Commission, Washington, D.C.; Andrew S. Caulum , Office of the Solicitor, United States Department of the Interior, Washington, D.C.; Robert G. Dreher , Sam Hirsch , Acting Assistant Attorney General; William J. Hochul, Jr. , United States Attorney for the Western District of New York, Buffalo, NY; Mary E. Fleming , Assistant United States Attorney, Western District of New York, Buffalo, NY; Gina L. Allery , John L. Smeltzer , United States Department of Justice, Environment & National Resources Division, Washington, D.C., on the brief), for Defendants-Appellees-Cross-Appellants.

Riyaz A. Kanji , Kanji & Katzen, PLLC, Ann Arbor, MI ( Christopher Karns , General Counsel, Seneca Nation of Indians, Salamanca, NY; Carol E. Heckman , Harter, Secrest & Emery, LLP, Buffalo, NY; David A. Giampetroni , Lucy Wells Braun , Philip H. Tinker , Kanji & Katzen, PLLC, Ann Arbor, MI, on the brief), for the Seneca Nation of Indians as amicus curiae in support of Defendants-Appellees-Cross-Appellants.

Before: KATZMANN, Chief Judge, LOHIER and DRONEY, Circuit Judges.


The plaintiffs-appellants ("plaintiffs") are organizations and individuals that oppose the operation of a casino in Buffalo, New York, by the Seneca Nation of Indians. They brought three successive lawsuits in the United States District Court for the Western District of New York against the National Indian Gaming Commission...

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