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The commission also agreed with the state Department of Commerce’s assessment that the cooperative’s actions were driven by concerns over lost electricity sales rather than legitimate safety risks.

Commissioners pointed to evidence suggesting the tribe may have already been overcharged compared to other member customers.

The Upper Sioux Community also argued that, as a sovereign tribal nation, it is not subject to Minnesota utility regulations. The commission declined to rule on the sovereignty question, concluding it was unnecessary to resolve that issue to determine that Minnesota Valley could not prevent the casino from generating its own power.

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While representation remains important, Yaxley warns that many companies still mistake headcount for inclusion.

“One of the biggest misconceptions is that DEI can be measured by representation alone,” she says. “Representation matters, but it’s only one part of the picture.”

For her, the real test is whether employees have equal access to development, promotion and leadership opportunities, rather than simply being hired.

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“The Commission’s approach to reporting may well create the inaccurate impression that the industry is inherently non-compliant,” he adds. A more balanced account might place failures alongside the majority of licensees that pass assessments or lead on customer wellbeing, although Waugh considers such a shift unlikely.

The “too easy to get a licence” argument doesn’t necessarily hold up to scrutiny, to be fair. Andrew Bentley, co-founder and CEO of regulatory technology startup LiSense, is one who rejects the suggestion.

“There are significant checks on individuals and businesses before a licence is granted,” he says. “The UK Gambling Commission has set out what it expects. If you want a licence in the UK, you need to meet those expectations.”