WEST FLAGLER ASSOCIATES, LTD. v. HAALAND

No. 21-5265 Consolidated with 22-5022.

71 F.4th 1059 (2023)

WEST FLAGLER ASSOCIATES, LTD., a Florida Limited Partnership, doing business as Magic City Casino and Bonita-Fort Myers Corporation, a Florida Corporation, doing business as Bonita Springs Poker Room, Appellees, v. Debra A. HAALAND, in her official capacity as Secretary of the United States Department of the Interior and United States Department of the Interior, Appellees. Seminole Tribe of Florida, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided June 30, 2023.


Attorney(s) appearing for the Case

Rachel Heron , Attorney, U.S. Department of Justice, argued the cause for federal appellants. With her on the briefs was Todd Kim , Assistant Attorney General.

Barry Richard argued the cause for appellant Seminole Tribe of Florida. With him on the briefs were Joseph H. Webster , Elliott A. Milhollin , and Kaitlyn E. Klass.

Barry Richard , Joseph H. Webster , Elliott A. Milhollin , and Kaitlyn E. Klass were on the brief for amicus curiae Seminole Tribe of Florida in support of federal appellants. Henry C. Whitaker , Solicitor General, Office of the Attorney General for the State of Florida, argued the cause for amicus curiae State of Florida in support of federal appellants. With him on the brief was Ashley Moody , Attorney General, and Christopher J. Baum , Senior Deputy Solicitor General.

Scott Crowell was on the brief for amici curiae The National Indian Gaming Association, et al. in support of federal appellants.

Todd Kim , Assistant Attorney General, and Rachel Heron , Attorney, U.S. Department of Justice, were on the answering brief for federal appellees.

Hamish P. M. Hume argued the cause for appellees West Flagler Associates, Ltd, et al. With him on the brief were Amy L. Neuhardt and Jon Mills .

Jenea M. Reed argued the cause for amici curiae Monterra MF, LLC, et al. in support of appellees. With her on the brief was Eugene E. Stearns .

Before: Henderson, Wilkins and Childs, Circuit Judges.


In 2021, the Seminole Tribe of Florida ("Tribe") and the State of Florida entered into a compact under the Indian Gaming Regulatory Act ("IGRA"), the federal law that regulates gaming on Indian lands. That gaming compact ("Compact"), along with accompanying changes in state law, purported to permit the Tribe to offer online...

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