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Six days later, Interior determined that the land did not qualify for gaming under the Indian Gaming Regulatory Act (IGRA), forcing the tribe to shutter the operation and take the federal government back to court.

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.

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Moreover, Evolution had continued earning revenue from operators in so-called grey markets without enforcing contractual blocks or other remedial measures despite earlier allegations.

Last month the UK Gambling Commission agreed a regulatory settlement with Evolution of £4.75 million, after finding its games had been accessible via a handful of unlicensed operators in the UK.

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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.

The PUC largely adopted Meyer’s recommendations, ruling that Minnesota Valley acted “unlawfully and unreasonably” by threatening the tribe.