Hull

dissenting.

I agree with the majority that the tribes have a keen interest in gaming compacts, and that their interest in future compacts could be affected as a practical matter by the outcome of this litigation. However, the relief sought in this case does not affect existing compacts; it concerns only the Governor’s authority under state law to enter into gaming compacts prospectively. And, while unquestionably substantial and important, the tribes’ interest is not a legally protected interest that may not be *1028 resolved in their absence. This is because the existing compacts do not have an automatic term of renewal. If they did, the majority’s reasoning would be entirely persuasive. But in fact the Governor has unfettered discretion to renew or not to renew, for any reason or for no reason. That being the case, existing rights of absent tribes are not implicated by resolution of this dispute. Therefore, Makah Indian Tribe v. Verity, 910 F.2d 555, 559 (9th Cir.1990), which held that a tribe with treaty rights was not a necessary party to litigation seeking prospective changes in the administrative process for determining ocean fishing rights, controls rather than Kescoli v.…

Opinion by Judge CANBY; Dissent by Judge RYMER.

Racetrack owners and operators brought this action against the Governor of Arizona 1 to challenge the legality of the Governor’s actions in negotiating new gaming compacts with Indian tribes, or in extending the tribes’ existing compacts. The district court denied the Governor’s motion to dismiss on the ground that the compacting tribes were indispensable parties. The court then granted the plaintiffs relief principally on two grounds: (1) the state statute authorizing the Governor to negotiate compacts, A.R.S. § 5-601, was an unlawful delegation of legislative power without sufficient standards for its exercise; and (2) in any event, A.R.S. § 5-601 did not authorize the Governor to negotiate compacts for most casino-type games because such games were prohibited by state law. Am. Greyhound Racing, Inc. v. Hull, 146 F.Supp.2d 1012 (D.Ariz.2001). The district court accordingly enjoined the Governor from executing new compacts pursuant to A.R.S. § 5-601 and ordered her to give notice of non-renewal of existing compacts entered pursuant to that statute. It further enjoined the Governor against modifying such existing contracts to…