Tulalip Tribes of Washington v. State of Washington

This appeal requires us to interpret a tribal-state gaming compact between the Tulalip Tribes of Washington (“Tulalip”) and the State of Washington. More specifically, at issue are electronic scratch ticket and online lottery games that use video player terminals. Tulalip asks us to force the State to amend the compact so that Tulalip can acquire additional licenses to these terminals. Citing the “most-favored tribe” clause in its compact, Tulalip argues that it is entitled to what it characterizes as the “more favorable terms” available to the Spokane Tribe through a mechanism known as the Inter-Tribal Fund. We disagree. We conclude that the terms of the compact do not require the State to adopt Tulalip’s amendment.

Background

I. The Legal Framework of Tribal Gaming

This dispute occurs against the backdrop of many iterative changes to tribal-state gaming compacts, so we begin with the basics of tribal gaming. The Indian Gaming Regulatory Act (“IGRA”), which was passed by Congress in 1988, provides a framework for “the operation of gaming by Indian tribes as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments.” 25 U.S.C. §…