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When asked which operator will be willing to take the risk and ultimately win Japan’s next “licence lottery”, Klebanow contends that it depends on how restrictive – or attainable – the regulations and requirements imposed by the government will be.

“If policymakers once again impose onerous policies that limit a property’s profit potential, then most developers will not take the risk of investing upwards of $10 billion in an IR development,” says Klebanow.

One exception, he notes, could be the Seminole Tribe of Florida and their proposed Hard Rock Resort Casino in Tomakomai, Hokkaido.

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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.

In November 2024, Minnesota Valley issued the tribe a cease-and-desist order and threatened to disconnect Prairie’s Edge if the system was activated. The tribe countered that the utility’s generation restrictions did not apply because the system was designed solely to power its own property and would not feed electricity back onto the grid.

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.

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The move came shortly after the Senate declined to advance the Digital Asset Market CLARITY Act. The procedural vote on September 15 rejected it with 49-50, not meeting the 60 votes required to move forward. 

The CFTC’s move gives the agency a chance to pursue parts of a crypto market framework under its existing authority, rather than waiting for Congress to resolve the broader legislative debate. 

CFTC Chairman Michael Selig signaled that possibility back in August. The agency was considering how its existing powers could be used to create a dedicated market structure for digital assets that are standard, he said.