Case 2:25-cv-00575-APG-BNW Document 57 Filed 05/14/25 Page 10 of 25
issue.” Id. (quotation omitted). Either federal or state law may protect the asserted interest. See
1
Cal. Dep’t of Toxic Substances Control , 54 F.4th at 1088-89.
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Here, the NRA asserts the interests of its members that are protected under Nevada state
3
law and would be significantly affected by the claims at issue in this case. Since at least the 1959
4
Nevada Gaming Control Act, the regulatory framework for gaming in Nevada has been
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instrumental in the growth and expansion of the industry. The gold standard regulatory
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environment and the compliance by the NRA members fosters public confidence in the industry
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and promotes the reputation of the NRA members and the industry as a whole. Gaming plays a
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“vital role” in the economy of Nevada, the State “regulate[s] and control[s] the gaming industry
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consonant with the health, safety and welfare of the public.” State v. Glusman , 651 P.2d 639, 646
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(Nev. 1982). The State thus requires all “sports pool” or sports betting operators to procure a
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license from the Nevada Gaming Commission. See NRS 463.193 (defining “sports pool”),
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463.160(1)(a) (requiring gaming license), 463.220(2) (authority of Commission to grant license).
13
As of April 28, 2025, the Commission had licensed 60 sports betting operators in Nevada. See
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Location Name and Address List: Nonrestricted Sports Pool , Nevada Gaming Commission and
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the Nevada Gaming Control Board, https://tinyurl.com/sncjvh5d/ (last accessed May 14, 2025).
16
Many of these licensees are NRA members, see id. (listing, inter alia , Aria, Bellagio,
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Caesars, Hard Rock, Mandalay Bay, MGM, Venetian, and Wynn), which obtained their licenses
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in accordance with Nevada law, see NRS 463.200 (application requirements), 463.210
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(application review and investigation), and paid (and continue to pay) annual fees, see, e.g. , NRS
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463.380 (annual fees based on number of games operated). Nevada law also establishes uniform
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and comprehensive regulations for license holders, so the NRA’s members not only have a
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property interest in the licenses themselves, but they have a property interest in using those
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licenses in a well-regulated market. The NRA’s members accordingly possess interests (through
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licenses and a well-regulated market in which to operate those licenses) that are “protectable under
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some law”— Nevada law — and satisfy Rule 24(a)(2). Wilderness Soc. , 630 F.3d at 1179; see also
26
People’s Legislature v. Miller , No. 2:12-cv-272-MMD-VCF, 2012 WL 3536767, at *4 (D. Nev.
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Aug. 15, 2012) (recognizing Nevada state law sufficient to provide Rule 24(a)(2) interest).
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