ENB keeps laying pipe through another frivolous challenge Minnesota Court of Appeals weighs Line 3 water permit challenge
But a separate Court of Appeals decision is expected soon. Depending on the outcome, it could pause work on the Enbridge pipeline project.
As construction on Enbridge’s Line 3 oil pipeline resumed this month and protests against the project intensified, court cases challenging the 340-mile pipeline across northern Minnesota continue.
The Minnesota Court of Appeals on Thursday heard oral arguments over a case opponents filed in December arguing the Minnesota Pollution Control Agency erred in awarding the project a 401 certification, a permit awarded by a state's regulators if the project's impact on water falls within the state's standard. Such a state permit clears the way for the U.S. Army Corps of Engineers to issue a 404 permit if construction-related impacts to U.S. water comply with federal laws and regulations, which the Army Corps said Line 3 met in November. The permit allows Enbridge to discharge dredged and fill material into rivers and streams.
Scott Strand, attorney for Friends of the Headwaters, told the three-judge panel that the MPCA failed to consider route alternatives, wetland restoration, the pipeline's operational impact and effects on climate and tribes before granting its certification......Strand forgot to throw in the kitchen sink, his dog doesn't like it, and he thinks his wife is getting headaches from the decision.
The environmental group was joined by the Sierra Club, Red Lake Band of Chippewa Indians and White Earth Band of Ojibwe in its appeal, which seeks to reverse the certification’s approval.
But several judges wondered if reversing the certification would actually do anything because after the MPCA signs off on such a certificate, it’s up to the Army Corps to grant the 404 permit allowing construction-related discharges.
Pete Farrell, an attorney for the MPCA, said the petition should be denied because the court’s decision would not give the parties “effective relief” given the Army Corps' role.
“It’s really undisputed that even if this court were to give the (Line 3 opponents) everything they want and vacate the 401 certification, that decision will only have effect if the Army Corps chooses to give it effect,” Farrell said.....it is not like the Army Corps is suddenly going to say "my bad....sorry we forgot to do our homework and we're so grateful that the environmentalists opened our eyes because we haven't been through this for every pipeline decision"