NORTHERN STATES v. PRAIRIE ISLAND INDIAN COM.

Civ. No. 3-91-783.

781 F.Supp. 612 (1991)

NORTHERN STATES POWER COMPANY, Plaintiff, v. The PRAIRIE ISLAND MDEWAKANTON SIOUX INDIAN COMMUNITY, its Tribal Council, Dale R. Childs, Richard Buck, Johnny Johnson, Vine H. Wells, and Jim White, all in their Official Capacity, the Bureau of Indian Affairs, Minneapolis Area Office, the Interior Board of Indian Appeals, and the United States of America, Defendants.

United States District Court, D. Minnesota, Third Division.

December 23, 1991.


Attorney(s) appearing for the Case

Michael J. Ahern and Michael J. Bradley, Moss & Barnett, Timothy R. Thornton and Samuel L. Hanson, Briggs and Morgan, Minneapolis, Minn., for plaintiff Northern States Power Co.

Kurt V. BlueDog and William J. Hardacker, Bluedog Law Office, Bloomington, Minn., for defendants Prairie Island Mdewakanton Sioux Indian Community and its Tribal Council.

Lonnie F. Bryan, Asst. U.S. Atty., D. Minn., for defendants Bureau of Indian Affairs, Minneapolis Office, Interior Bd. of Indian Appeals, and U.S.A.


MEMORANDUM OPINION AND ORDER

DEVITT, District Judge.

Plaintiff Northern States Power Company (NSP), operator of a nuclear power plant on Prairie Island in the city of Red Wing, Minnesota, moves the court in this declaratory judgment action to preliminarily enjoin defendants from enforcing a recently enacted tribal ordinance entitled "Nuclear Radiation Control Ordinance" (the ordinance). If enforced, the ordinance would regulate directly NSP's efforts to...

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