R.D. Offutt Farms Co. v. White Earth Division of Natural Resources
0:24-cv-01600
| D. Minnesota | Mar 21, 2025Background
- R.D. Offutt Farms Co. (RDO), a non-tribal potato farm, operates high-capacity wells within and near the White Earth Reservation in Minnesota.
- Historically, water use permitting on these lands was exclusively administered by the Minnesota Department of Natural Resources (MNDNR).
- In 2023, the White Earth Nation enacted a Water Protection Ordinance requiring permits for high-capacity wells, including those operated by non-tribal members in and near the reservation.
- RDO sued, seeking a declaration that the White Earth Division of Natural Resources (WEDNR) and its officials lacked authority to regulate water use on RDO lands.
- Shortly after suit, the Nation suspended the Ordinance's permitting requirements for existing sources (like RDO) and later indefinitely amended the Ordinance to that effect with a mandatory one-year notice period for any future implementation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Tribal Sovereign Immunity | The Ex parte Young exception applies; WEDNR and officials are not immune due to ongoing violation of federal law. | WEDNR and its officials are immune; the Ex parte Young exception does not apply because there has been no enforcement or threat. | The Ex parte Young exception does not apply; Defendants are immune from suit. |
| Mootness | Case is not moot because Defendants could enforce Ordinance in the future. | Case is moot because the Ordinance has been suspended and is inoperative, with no enforcement or immediate threat. | Case is moot; no current controversy because Ordinance is suspended and not enforced. |
Key Cases Cited
- Santa Clara Pueblo v. Martinez, 436 U.S. 49 (Tribal governments possess sovereign immunity barring lawsuits absent congressional abrogation)
- Michigan v. Bay Mills Indian Cmty., 572 U.S. 782 (Ex parte Young exception to sovereign immunity applies for ongoing federal law violations)
- Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, 599 U.S. 382 (Tribal sovereign immunity is presumed absent clear congressional intent)
- Okpalobi v. Foster, 244 F.3d 405 (For Ex parte Young to apply, officials must have authority and willingness to enforce the statute)
- 281 Care Committee v. Arneson, 766 F.3d 774 (No ongoing violation or enforcement, so sovereign immunity applies)
- Ne. Fla. Chapter of Associated Gen. Contractors of Am. v. City of Jacksonville, Fla., 508 U.S. 656 (Repeal of challenged law normally moots case; exception where reenactment highly likely)