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Minnesota energy regulators have cleared the way for a tribal casino to fire up a massive solar array after ruling that its electric utility acted unlawfully by threatening to pull the plug on the property, The Minnesota Star Tribune reports.
The Minnesota Public Utilities Commission (PUC) voted unanimously last week that Minnesota Valley Cooperative Light and Power Association cannot disconnect the Upper Sioux Community’s Prairie’s Edge Casino Resort over its 2.5-megawatt solar project.
Minnesota Valley, a small cooperative utility serving parts of western Minnesota, claimed the 2.5-megawatt array vastly exceeded the 40-kilowatt limit it sets for members. The utility threatened to cut off electricity to the casino if the tribal nation turned the system on.
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Under IGRA, gaming is generally prohibited on land taken into trust after 1988 unless it qualifies under specific exceptions. Scotts Valley claims its Vallejo property falls under the “restored lands” exception for federally recognized tribes.
While Interior agreed that Scotts Valley met requirements regarding its modern ties to the area and the timing of the acquisition, the department ultimately concluded the tribe failed to demonstrate a sufficiently significant historical connection to the land.
In court Friday, DOJ attorney Amber Dutton-Bynum argued that Scotts Valley could not meet the high threshold for irreparable harm required to secure an injunction. She maintained that the tribe knowingly chose to invest in the Preview Casino while its gaming status remained uncertain, as reported by Law360. Dutton-Bynum added that the modular buildings could easily be repurposed for non-gaming commercial uses if the prohibition stands.
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