April 24, 2014
Today Erick Kaardal, attorney with Mohrman, Kaardal and Erickson, announced the filing of a lawsuit against the Minnesota Department of Natural Resources.
Kaardal is representing Save Mille Lacs Sportfishing, Proper Economic Resource Management (PERM), Twin Pines Resort, Bill Eno, and Fred Dally.
We are petitioning the Court of Appeals for a declaratory judgment on the invalidity the DNR’s Game and Fish Rules for Mille Lacs Lake Fishing published on April 21.
The lawsuit challenges the constitutionality of the new rules on the grounds that they violate Minnesota’s Preserve Hunting and Fishing Heritage amendment, which recognizes a cultural heritage of all Minnesota citizens regardless of race, ethnicity, religion, or origin.
The lawsuit also seeks a Court order requiring the DNR to show the following:
- Why the DNR failed to consider cultural heritage protections afforded by the Minnesota Constitution and the public-trust doctrine.
- What statutory authority gives the DNR the right to disregard the cultural heritage protections afforded by the Minnesota Constitution, and
- How the DNR has not mismanaged the Mille Lacs Lake walleye population directly affecting the cultural heritage of Mille Lacs Lake in violation of the cultural heritage protections afforded by the Minnesota Constitution We are challenging DNR’s mismanagement of the Mille Lacs lake walleye fishery that has led to the loss of Mille Lacs walleye fishing heritage.
Key to understanding this lawsuit is that Minnesotans in 1998 passed a law, a constitutional amendment that preserves Minnesota’s fishing and hunting heritage. However, DNR regulations regarding Mille Lacs fishing, violates this constitutional requirement.
It is important to note that this amendment came out of Minnesotans’ long-standing recognition of a public trust doctrine. The public-trust doctrine is a key tenant of the environmental protection advocates nationwide.
This lawsuit is the first step in a multi-step process to restore the Mille Lacs walleye fishery and walleye fishing heritage.
Help PERM and the plaintiff group in making this legal challenge a success.
Read the entire Petition to the Appeals Court here.
View Erick Kaardal’s discussion of the lawsuit here.
Read Dennis Anderson’s Star Tribune article ‘Anglers, resort operators sue DNR over Mille Lacs walleye fishing rules‘ here.
Read Doug Belden’s Pioneer Press article ‘Minnesota DNR sued over Lake Mille Lacs walleye fishery‘ here.
View KSTP TV Channel 5 ‘Group Files Lawsuit over Lake Mille Lacs Walleye Regulations‘ here.
View KMSP TV Channel 9 ‘MILLE LACS LAWSUIT: Residents sue DNR over walleye harvest cuts‘ here.
View WCCO TV Channel 4 ‘DNR Being Sued For Alleged ‘Mismanagement’ Of Lake Mille Lacs‘ here.
Help PERM and the plaintiff group in making this legal challenge a success.
