Judge blocks Leech Lake Band authority over utility companies

Wednesday, June 29, 2011  

The Leech Lake Band of Ojibwe Indians in Minnesota cannot assert authority over five non-Indian utilities, a federal judge ruled last week.

The utilities sued in federal court after the tribe sought authority over a proposed power line that cuts through the reservation. Judge Donovan W. Frank ruled that the pipeline does not cross tribal or trust land and that the tribe has not established jurisdiction over the non-Indian entities.

The tribe doesn't have a "consensual relationship" with the companies, Frank said. The power line also does not affect the tribe's "political integrity, economic security, or the health or welfare of the tribe," he added.

The ruling in part was based on the the U.S. Supreme Court decision in Montana v US.

Turtle Talk has posted documents from the case, Otter Tail Power v. Leech Lake Band of Ojibwe.

Get the Story:
Indians Lose Bid to Stop Minnesota Power Line (Courthouse News 6/28)

Related Stories:
Leech Lake Band due in court over reservation power line (6/3)
Utilities say Leech Lake Band lacks authority on power line (4/29)
Leech Lake Band rescinds unauthorized approval of power line deal (2/3)