RE:RE:Court denies injunction; Line 3 construction moves forward. Second court says Enbridge can continue construction of $2.6B pipeline in Minnesota
By Mike Hughlett Star Tribune
FEBRUARY 8, 2021 — 10:46AM
A federal appellate court judge has denied a motion to stop construction of Enbridge's controversial Line 3 replacement, the second court ruling against pipeline opponents in the past week.
Two Minnesota Ojibwe bands and two environmental groups in December sued the Army Corps in U.S. District Court for the District of Columbia, asking for a preliminary injunction to halt construction of the 340-mile oil pipeline across northern Minnesota.
Judge Colleen Kollar-Kotelly Sunday denied a motion for preliminary injunction, saying the plaintiffs failed to demonstrate a likelihood of success on the merits in their appeal or that they will suffer "irreparable harm" if construction continues.
The Army Corps on Nov. 23 issued its permit for the discharge of dredged and filled material into U.S. waters during Line 3's construction. The permit was the last major approval Calgary, Alberta-based Enbridge needed to begin construction on the $2.6 billion pipeline, which navigated the state and federal regulatory process for six years.
Construction began in December and Enbridge has said the pipeline will take six to nine months to complete.
The Red Lake Band of Chippewa, the White Earth Band of Ojibwe, the Sierra Club and the Indigenous environmental group Honor the Earth appealed the Army Corps approval to the D.C. court
They argue the Corps' permit violates multiple federal laws and treaties, "harming plaintiffs and their members.A federal appellate court judge has denied a motion to stop construction of Enbridge's controversial Line 3 replacement, the second court ruling against pipeline opponents in the past week.
Two Minnesota Ojibwe bands and two environmental groups in December sued the Army Corps in U.S. District Court for the District of Columbia, asking for a preliminary injunction to halt construction of the 340-mile oil pipeline across northern Minnesota.
Judge Colleen Kollar-Kotelly Sunday denied a motion for preliminary injunction, saying the plaintiffs failed to demonstrate a likelihood of success on the merits in their appeal or that they will suffer "irreparable harm" if construction continues.
The Army Corps on Nov. 23 issued its permit for the discharge of dredged and filled material into U.S. waters during Line 3's construction. The permit was the last major approval Calgary, Alberta-based Enbridge needed to begin construction on the $2.6 billion pipeline, which navigated the state and federal regulatory process for six years.
Construction began in December and Enbridge has said the pipeline will take six to nine months to complete.
The Red Lake Band of Chippewa, the White Earth Band of Ojibwe, the Sierra Club and the Indigenous environmental group Honor the Earth appealed the Army Corps approval to the D.C. court
They argue the Corps' permit violates multiple federal laws and treaties, "harming plaintiffs and their members."
Last week, the Minnesota Court of Appeals rejected the Red Lake and White Earth bands' petition to halt the construction while the court heard the state appeal.
The bands claimed that without a stay of Line 3's construction "their treaty-protected interests in the land, waters, plants, animals and environment" would be destroyed or damaged by construction — as would their cultural and religious rights.
They first asked the Minnesota Public Utilities Commission, Minnesota's primary pipeline regulator, for a stay. The PUC had approved the pipeline for a second time in February 2020 after its 2018 approval was mooted by a court ruling.
The PUC denied a stay and the appellate court ruled that the PUC's decision was "not an abuse of discretion."
Environmental groups and some Indian bands have said the pipeline — which follows a new route — will open a new region of pristine waters to the prospect of oil spills, as well as exacerbate climate change by allowing for more oil production.
Enbridge has said the new pipeline is a critical safety enhancement. The current Line 3 is so corroded it's running at only half of capacity. The new pipeline would restore full oil flow.