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Patrick Bergin, an attorney for Scotts Valley, rejected that argument, noting the difficulty of converting a site explicitly planned and built for gaming into something like an auto dealership.

Bergin also emphasized that the tribe had formally notified Interior twice about its launch timeline for the Preview Casino, providing regular progress updates without ever receiving a directive from federal officials to halt the project.

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

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The ASA reviewed a clip posted to TikTok in July promoting Midnite, a Gibraltar-based online casino app. The clip displayed a young-looking man using the app, accompanied by the voiceover: “Another massive World Cup upset. Bet £10 on the big match and get £30 in free bets. Level up your World Cup with Midnite, get on it.”

According to the ASA’s Code for gambling advertising, anyone who “was, or seemed to be, under 25 years of age” must not be depicted gambling or playing a significant role in advertisements. 

The regulator concluded that the central figure’s youthful facial features, casual styling and excited demeanour gave the impression he was in his late teens or early twenties. 

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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.