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Minnesota Valley, a small cooperative utility serving parts of western Minnesota, claimed the 2.5-megawatt array vastly exceeded the 40-kilowatt limit it sets for members. The utility threatened to cut off electricity to the casino if the tribal nation turned the system on.

The ruling means the array—which has sat unused for a year and a half despite being fully built—can finally be switched on once an independent engineer completes a safety review and the tribe resolves any resulting technical recommendations.

The PUC ordered the utility to continue supplying electricity to the casino provided the solar system remains behind the meter—meaning it does not export power onto the wider grid.

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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.