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“Considering that the regulated market has only been in place for just over two years, its implementation has been very positive,” she declares.
“Looking back over the past two years, the regulation has achieved its primary objective: creating a safer and more transparent market. It has established common standards for all licensed operators, particularly around KYC, AML and responsible gaming, ensuring that customers receive a more consistent experience regardless of the platform they choose.”
Atucha praises the regulation and the regulators themselves for making entry into the market easy, as well as allowing them to be competitive against illegal operators. But the market hasn’t been without its challenges.
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The arguments came as Scotts Valley asked US District Judge Trevor McFadden to issue a preliminary injunction blocking Interior’s July 30 decision. The outcome of the dispute directly threatens the tribe’s much larger ambition for the site: a proposed $700 million casino resort and hotel.
Under IGRA, gaming is generally prohibited on land taken into trust after 1988 unless it qualifies under specific exceptions. Scotts Valley claims its Vallejo property falls under the “restored lands” exception for federally recognized tribes.
While Interior agreed that Scotts Valley met requirements regarding its modern ties to the area and the timing of the acquisition, the department ultimately concluded the tribe failed to demonstrate a sufficiently significant historical connection to the land.
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The array, which includes an 800-kilowatt battery storage system, is expected to cover about 30% of the casino’s electricity needs. Prairie’s Edge is the Upper Sioux Community’s principal economic engine, helping fund housing, healthcare, education, and public safety.
In June, Administrative Law Judge Joseph Meyer sided with the tribe, finding Minnesota Valley’s policies did not prohibit behind-the-meter generation and that disconnecting the casino would violate the cooperative’s obligation to provide service.
More than two dozen other Minnesota electric cooperatives subsequently backed the findings, agreeing that threatening disconnection over a non-exporting solar project violated core cooperative principles.