Minn. DNR attempts fourth attempt to dodge tribal suit against groundwater

By Victoria McKenzie (September 15, 2021, 9:27 p.m. EDT) – A tribe’s lawsuit against Minnesota officials over Enbridge’s pipeline expansion was suspended on Tuesday pending appeal in tribal court , as the state makes a fourth attempt to evade a new challenge to the state’s allegedly illegal groundwater grab.

State officials on Monday filed two appeals in the Eighth Circuit and to the White Earth Band of Ojibwe Tribal Appeal Court, arguing that the tribal court erred in dismissing their motion to dismiss the action in August for reasons of sovereign immunity. The DNR also argued that the tribal court does not have jurisdiction over the actions of non-tribal members on unreserved land ….

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