Desert Treasure

About Desert Treasure

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.

How to play Desert Treasure

Judge Kennedy explained in her ruling, “The court finds that Hasselback’s statements that continued representation in this matter would cause him to violate several ethical obligations trigger mandatory withdrawal under Model Rule 1.16(a) and is sufficient for granting his motion.” She added, “Hasselback need not be required to provide details, beyond his written motion, to establish that mandatory withdrawal is warranted,” and stated that requiring him “to specify the basis for his mandatory withdrawal could create the untenable situation of an attorney having to choose between his obligation of candor to the court and his obligation to maintain his client’s confidences.”

Unfortunately, because of that attorney-client privilege, it is difficult to know what types of ethical dilemmas Hasselback is facing. However, it’s likely just the mere hint at issues will be enough for IPI to find itself, once again, being more closely scrutinized. Where that leads is anyone’s guess, given gaming regulators’ reluctance to hold the company accountable for its actions.

IPI now has until this Friday to find a new lawyer to carry the six-case workload Hasselback had, but will most likely use this as an excuse to delay the ongoing legal battles. It won’t get very far with that, though, and perhaps Judge Kennedy expected IPI to try something. She added in her ruling that the attorney’s exit “may cause some delay, [but] that delay is not so much so that it would cause significant prejudice or adversely and materially affect the plaintiff.”

What is Desert Treasure?

Arbitrators found against the companies and ordered them to pay millions of dollars toward Laos’ legal costs and expenses.

One tribunal found in 2019 that Lao Holdings had acted in bad faith and ordered it to pay Laos $1.95 million. Another made a similar finding against Sanum and awarded the government $1.78 million.

A third arbitration produced another award worth nearly $1.3 million, taking the amount Laos is seeking to more than $5 million.