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The array, which includes an 800-kilowatt battery storage system, is expected to cover about 30% of the casino’s electricity needs. Prairie’s Edge is the Upper Sioux Community’s principal economic engine, helping fund housing, healthcare, education, and public safety.
In June, Administrative Law Judge Joseph Meyer sided with the tribe, finding Minnesota Valley’s policies did not prohibit behind-the-meter generation and that disconnecting the casino would violate the cooperative’s obligation to provide service.
More than two dozen other Minnesota electric cooperatives subsequently backed the findings, agreeing that threatening disconnection over a non-exporting solar project violated core cooperative principles.
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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.
Patrick Bergin, an attorney for Scotts Valley, rejected that argument, noting the difficulty of converting a site explicitly planned and built for gaming into something like an auto dealership.
Bergin also emphasized that the tribe had formally notified Interior twice about its launch timeline for the Preview Casino, providing regular progress updates without ever receiving a directive from federal officials to halt the project.
