Sign Petition
Summary
The FAA claims exclusive sovereignty over every inch of U.S. airspace, yet when a Roseau pilot made a life-saving emergency landing, he was subjected to an unlawful tribal seizure of his aircraft based on a local ordinance claiming exclusive possession of 20,000 feet of airspace over the reservation.
While the pilot has successfully recovered his vintage aircraft, the dangerous precedent remains. Currently, the Red Lake Indian Nation’s ordinance claiming 20,000 feet of airspace directly contradicts federal law, creating a hazardous patchwork of rules for general aviation and pilots in distress. We are demanding that the FAA, the Department of Transportation, and federal authorities actively enforce the exclusive jurisdictional powers they already possess. The federal lawsuit will send a clear message to federal regulators: Stop allowing local entities to hijack federal airspace and start protecting the pilots who fly in it.
By supporting this lawsuit, you are joining a formal call for the FAA to intervene, assert its supreme authority, and ensure that the airspace above the Red Lake reservation remains open for all air travel. We are demanding that federal agencies issue clear, binding guidance to all tribal and local jurisdictions that federal airspace cannot be claimed or restricted by local ordinance. Airspace is a national resource. Join us in holding our federal agencies accountable to their own mandates—safety and federal sovereignty must come first.
Overview
● Defending Federal Airspace Authority: We are suing Tribal officers of the Red Lake Nation and the FAA to clarify that tribal sovereignty does not extend to regulating or closing the navigable airspace of the United States. A successful outcome will reinforce federal preemption over U.S. airspace.
● Enforcing FAA Mandates: The lawsuit targets the FAA to compel them to protect the integrity of federal airways from local and tribal interference, ending a dangerous precedent for general aviation.
● Challenging Regulatory Overreach: The Red Lake Nation's ordinance prohibiting aircraft from flying under 20,000 feet directly threatens air safety. This legal challenge will permanently contest the enforceability of this high-altitude restriction against public air travel.
● Permanent Durable Solution ("Darrin’s Law"): A federal law must be passed authorizing private lawsuits against tribal officials when they interfere with federal airspace or seize airplanes after emergency landings on their reservations.
Team
Erick G. Kaardal
Contact Me: (612)-341-1074
Education University of Chicago Law School, Chicago, Illinois J.D. - 1992 Harvard College Honors: magna cum laude Honors: U.S. Army Reserve Officer Training Corps scholarship Major: Economics Bar Admissions Minnesota Wisconsin U.S. Supreme Court U.S. Court of Appeals District of Columbia Circuit U.S. Court of Appeals Federal Circuit U.S. Court of Appeals 3rd Circuit U.S. Court of Appeals 6th Circuit U.S. Court of Appeals 7th Circuit U.S. Court of Appeals 8th Circuit U.S. District Court District of Minnesota U.S. District Court Eastern District of Wisconsin U.S. District Court Western District of Wisconsin U.S. District Court Central District of Illinois U.S. District Court Northern District of Iowa U.S. District Court District of Idaho U.S. District Court Northern District of Georgia U.S. District Court Eastern District of Michigan U.S. District Court Western District of Michigan U.S. District Court Western District of Pennsylvania U.S. Court of Federal Claims U.S. Tax Court Representative Cases Republican Party of Minnesota v. White (U.S. Supreme Court victory 5-4), 2002 Minnesota Voters Alliance v. Mansky (U.S. Supreme Court victory 7-2), 2018 Honors Outstanding Contribution to the Cause of Liberty, Institute for Justice Minnesota Lawyer, Lawyer of the Year, 2018 Life Legal Defense Foundation "Defender of Life" Award Winner – 2021 Pro-Bono Activities Republican Party of Minnesota, Past Secretary/Treasurer John Adams Society, Past Chairman Minnesota Chapter of the Federalist Society, Advisory Board Member Past Positions Mohrman, Kaardal & Erickson, PA - since January 1, 2000 Trimble & Associates, Ltd., Associate Attorney, 1994-1999 Faegre & Benson, Associate Attorney, 1992-1994 U.S. Army Reserves, Minnesota and Illinois National Guard, Field Artillery Officer, Captain (retired)
.jpg)
Elizabeth Nielsen
Contact Me: (612) 979-9791
Education University of Illinois College of Law, Illinois J.D. - 2022 Honors: magna cum laude Honors: Rickert Award for Excellence in Advocacy Honors: Paul M. Lisnek Award for Excellence and Ethics in Trial Advocacy Southern Illinois University, Carbondale, Illinois B.A. - 2014 Honors: summa cum laude Honors: Chancellor’s Scholar Major: Political Science Major: Theater Minor: French Bar Admissions Minnesota Michigan Pennsylvania U.S. Court of Appeals 3rd Circuit U.S. Court of Appeals 6th Circuit U.S. Court of Appeals 8th Circuit U.S. Court of Appeals 9th Circuit U.S. District Court District of Minnesota U.S. District Court Eastern District of Michigan
About: Project Pitch
Imagine making a life-saving emergency landing, only to discover a local tribal ordinance claims exclusive possession of the sky up to 20,000 feet. We successfully fought to get Roseau pilot Darrin Smedsmo’s 1946 Stinson 108-1 back—but the systemic threat to aviation safety remains.
Our project is launching a critical federal lawsuit against Red Lake Tribal officers and the FAA to ensure that the skies remain open and fully under federal oversight. This two-branch approach—combining a federal court battle with a push for "Darrin’s Law" in Congress—will strip tribal officials of the ability to hijack federal airspace or penalize pilots who act responsibly in an emergency. Your investment funds the litigation necessary to establish a permanent, national precedent defending freedom of flight.
Organization Information:
Milestones
Milestone 1: U.S. Federal Court Declaratory & Injunctive Action
Filing a lawsuit in U.S. District Court against Red Lake Tribal officers and the FAA to establish the public’s permanent right to reservation airspace, strike down the 20,000-foot tribal restriction, and enforce the FAA’s supreme authority over U.S. skies.
Monetary Hurdle: $137,000 (Estimated Legal Fees)
Milestone 2: Advocacy for "Darrin’s Law"
Drafting, introducing, and educating FAA and testifying at Congress regarding new federal statutory framework authorizing private federal lawsuits against tribal officials who unlawfully seize aircraft or interfere with federal airspace following emergency landings.
Monetary Hurdle: $25,000 (Estimated Legal Fees) for supporting aligned already-paid advocates and volunteer advocates