United States Court of Appeals For the First Circuit Nos. 19-1661, 19-1857 AQUINNAH/GAY HEAD COMMUNITY ASSOCIATION, INC.; TOWN OF AQUINNAH, Plaintiffs, Appellees/Cross-Appellants, COMMONWEALTH OF MASSACHUSETTS, Plaintiff, Appellee, v. THE WAMPANOAG TRIBE OF GAY HEAD (AQUINNAH); THE AQUINNAH WAMPANOAG GAMING CORPORATION; THE WAMPANOAG TRIBAL COUNCIL OF GAY HEAD, INC., Defendants, Appellants/Cross-Appellees, CHARLIE BAKER, in his official capacity as Governor of the Commonwealth of Massachusetts; MAURA HEALEY, in her capacity As Attorney General of the Commonwealth of Massachusetts; CATHY JUDD-STEIN, in her capacity as Chair of the Massachusetts Gaming Commission, Third Party Defendants, Appellees. ____________________ Nos. 19-1729, 19-1922 AQUINNAH/GAY HEAD COMMUNITY ASSOCIATION, INC.; TOWN OF AQUINNAH, Plaintiffs, Appellees/Cross-Appellants, COMMONWEALTH OF MASSACHUSETTS, Plaintiff, Appellee, v. THE WAMPANOAG TRIBE OF GAY HEAD (AQUINNAH); THE AQUINNAH WAMPANOAG GAMING CORPORATION; THE WAMPANOAG TRIBAL COUNCIL OF GAY HEAD, INC., Defendants, Appellants/Cross-Appellees, CHARLIE BAKER, in his official capacity as Governor of the Commonwealth of Massachusetts; MAURA HEALEY, in her capacity as Attorney General of the Commonwealth of Massachusetts; CATHY JUDD-STEIN, in her capacity as Chair of the Massachusetts Gaming Commission, Third Party Defendants. The opinion of this Court issued on February 25, 2021, is amended as follows: On Page 21, line 10, insert "court" between "district" and "rejected"