Iron Phoenix

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The PUC ordered the utility to continue supplying electricity to the casino provided the solar system remains behind the meter—meaning it does not export power onto the wider grid.

“What you’re doing is wrong,” Commissioner Audrey Partridge told the cooperative during Thursday’s hearing, according to news reports. “I think you have lost your tether to the purpose of an electric utility.”

The decision follows a long-running battle over the multimillion-dollar solar project, which the Upper Sioux Community began developing in 2024 to curb electricity costs and advance its clean-energy goals.

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A lot of bigger questions remain without the CLARITY Act. The bill aimed to establish a federal framework for digital commodities and delineate the roles of the SEC and the CFTC. 

Its failure also leaves unresolved disputes over prediction markets and state and tribal gaming authorities, outside a comprehensive congressional framework. Those issues took on new significance during Senate floor debate over the bill, as concerns about federal commodities oversight extended to markets typically regulated at the state or tribal level. 

The latest filing is an early step in filling some of that regulatory gap for the CFTC. The agency can issue regulations under its current statutory authority, but those regulations would not necessarily be as permanent as legislation passed by Congress. 

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The conflict stems back to January 2025, when the outgoing Biden administration initially determined that the Vallejo parcel was eligible for gaming.

Interior temporarily rescinded that determination just two months later after newly appointed Secretary Doug Burgum raised concerns over whether the tribe’s historical connection to the land had been thoroughly evaluated.

Scotts Valley filed suit in response. In October 2025, Judge McFadden ruled that Interior had violated the tribe’s due process rights by rescinding the approval without giving prior notice or an opportunity to respond.