Case 2:25-cv-00575-APG-BNW Document 57 Filed 05/14/25 Page 21 of 25
Nevada gaming operators or explain why sports event contracts cannot be categorized as federally-
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regulated swaps. See Sw. Ctr. for Biological Diversity , 268 F.3d at 823-24 (inadequate
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representation where intervenors would “express their own unique private perspectives”); Defs.
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of Wildlife v. United States Fish & Wildlife Serv. , No. 21-16382, 2022 WL 3656444, at *1 (9th
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Cir. Aug. 24, 2022) (emphasizing the importance of “specialized knowledge” and “expertise”).
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Put simply, it would be unreasonable for this Court to decide the future of Nevada’s sports betting
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industry without that industry’s participation.
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For this reason, the NRA overcomes any presumption of adequate representation by the
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State Defendants. See Arakaki , 324 F.3d at 1086. As the Ninth Circuit has explained, “[t]he
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government’s representation of the public interest may not be identical to the individual parochial
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interest of a particular group just because both entities occupy the same posture in the liti gation.”
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Citizens for Balanced Use v. Montana Wilderness Ass’n , 647 F.3d 893, 899 (9th Cir. 2011)
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(cleaned up). Just so here, the State Defend ants’ objectives lie in ensuring that Nevada laws remain
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enforceable and that its officials cannot be sued. See ECF No. 34, 50. The NRA’s objectives, by
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contrast, are to preserve its members’ valuable property and protect the industry as a whole. See,
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e.g. , Californians For Safe & Competitive Dump Truck Transp. v. Mendonca , 152 F.3d 1184,
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1190 (9th Cir. 1998) (inadequate representation where economic interests of intervenor’s
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members were “potentially more narrow and parochial than the interests of the public at large”) ;
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Fund for Animals , 322 F.3d 728, 736 (9th Cir. 2003) (concluding that often “governmental entities
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do not adequately represent the interests of aspiring intervenors”); Sw. Ctr. for Biological
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Diversity , 268 F.3d at 823 (noting that a federal agency cannot be expected to protect private
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interests). Indeed, as demonstrated by other litigation across the country, the government often
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has its own interests and political motives, which may not align with the NRA’s. KalshiEX LLC
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v. Commodity Futures Trading Comm’n , No. 24-5205, 2025 WL 1349979 (D.C. Cir. May 7, 2025)
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(order granting CFTC’s voluntarily dismissal of appeal in separate litigation concerning Kalshi).
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Accordingly, the NRA satisfies the minimal showing that representation of its interests may be
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inadequate, see Sw. Ctr. for Biological Diversity , 268 F.3d at 823, and must be permitted to
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intervene as of right.
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