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Interior temporarily rescinded that determination just two months later after newly appointed Secretary Doug Burgum raised concerns over whether the tribe’s historical connection to the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

However, McFadden’s ruling left the door open for Interior to formally reconsider the underlying gaming eligibility question.

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“I think the Raiders are probably overachieving and giving more than what most people expected,” the Boyd Gaming VP said. “There’s a lot of sentimental support in Las Vegas. They’re clearly our biggest liability on the futures-bet market to win the Super Bowl. People bet them at long odds for that. The first game (27-13 over Miami), people didn’t hold that into much account because it was the Dolphins, the worst team in the NFL. But still, they played pretty well.”

“But after yesterday’s game, they’re going to draw a lot more support because they were pretty good underdogs (against the Chargers),” Scucci added.

Bettors had plenty of momentum after favorites dominated Week 1, but Sunday (Sept. 20) tilted back in the sportsbooks’ favor behind a wave of upsets. Several heavily backed teams failed to win or cover the spread.

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It could, therefore, take quite a bit longer than the timing of the initial filing indicates. The CFTC would have to publish its action and solicit public comment after White House review before writing a formal proposed rule. Any final rule would have to undergo another review and comment period before it could take effect. 

The distinction matters for crypto businesses. The filing shows regulatory work is moving forward, but exchanges and other market participants cannot yet consider it a set of rules they must adhere to. 

The CFTC’s move also comes as other US regulators continue to craft their own crypto policies. The agency and the Securities and Exchange Commission (SEC) jointly issued an interpretation in March on how certain crypto assets would be treated under federal securities laws.