Northern States Power Co. v. Prairie Island Mdewakanton Sioux Indian Community

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 transport various radioactive materials necessary to the power plant’s operation to and from the plant as well as NSP’s efforts to manage…