StB Frac Sand Conference in Lake City
May 9th, 2015
Today was the Save the Bluffs sponsored “Conference for Frac Sand Activists: Networking, Learning, Advocating.” Katie Himanga did a tremendous job organizing this, great turnout, and I came back energized!
Here’s my presentation on “Opportunities for Legal Intervention” (as opposed to not so legal??? hmmmmm):
Overland Handout
LOBBYISTS ‘R’ US (this is OLD!)
People were VERY interested in both Intervention in a permitting and proceeding and in Application for a change in Zoning Ordinance. Both of these are important because they put “the people” in the driver’s seat, through becoming a party in the proceeding, or through becoming the applicant.
INTERVENTION IN LOCAL GOVERNMENT PERMITTING PROCEEDING
Intervention in a permitting proceeding is authorized under Minn. Stat. 116B.09, Subd. 1. This is useful where a project has been proposed and applied for, because it gives you a seat at the table:
Here’s an example where a party has intervened, in this case in a City of Minneapolis permitting proceeding:
Here’s an example of a simple Petition (I’d recommend adding more narrative and supporting documents):
APPLICATION FOR ZONING CHANGE
Pretty much anyone can apply for a Zoning Ordinance change. It was done to get the Goodhue County Wind Ordinance moving, and got a county Wind Study Committee started under the Planning Advisory Committee to put the Ordinance together. The same thing happened with Silica Sand mining, a Silica Sand study committee was formed, but it wasn’t utilized in this instance nearly as much as it was for the Wind Ordinance.
Here’s the Application for Goodhue County, which also explains how the process works, what to do, etc. It’s pretty simple, apply and the process begins slowly grinding forward. Most Counties will have their application online:
Goodhue County_2015 Change of Zone_201501090914372783
Here’s the Save the Bluff’s Petition for a Goodhue County Zoning change that got StB a seat at the table:
Binder-Zoning Change Application-FINAL
Here are a few of posts from PAC and County Board meetings during that time as it slowly went through the county process:
Silica Sand Mining 1,000 ft setback from Public Waters – August 19th, 2014
Monday 6p – Silica sand at Goodhue PAC Meeting -November 16th, 2013
Most interesting Goodhue PAC meeting – August 20th, 2013
Goodhue County extends moratorium – August 6th, 2013
Save the Bluffs files Application for Zoning Ordinance Change – July 15th, 2013
Patriot Act in federal Appellate Court
May 7th, 2015
Thanks to Kent Laugen, attorney here in Red Wing, for notice of this decision:
N.S.A. Phone Data Collection Is Illegal, Appeals Court Rules
The good news is that §215 has been amended and amended, and is due to expire on June 1, 2015.
Here’s the actual decision:
On the first page of narrative, as the court recites the procedural posture, dig this:
The district court held that §215 of the PATRIOT Act impliedly precludes judicial review…
Really? Getting over this hurdle at the Appellate Court is a huge relief, and this is the part that I’m so glad to see. This section is from p. 32 – p. 53. Here’s the bottom line:
There’s also a lengthy section considering, and then rejecting, an analogy of NSA metadata collection with grand jury collection of information by subpoena, and for those interested in workings of a grand jury, this might provide some insight. The court carefully notes that:
§ 215 does not permit an investigative demand for any information relevant to fighting the war on terror, or anything relevant to whatever the government might want to know. It permits demands for documents “relevant to an authorized investigation.”
Decision, p. 66. General broad fishing expeditions are not OK.
The government also tried to argue, unsuccessfully, that the repeated ratification of the PATRIOT Act meant that Congress knew, understood, accepted, and approved of the administrative interpretation, that NSA was authorized to collect this metadata. That argument fell flat too, with the court noting that there was no discussion of scope, only Congressional inaction regarding interpretation:
Congress cannot reasonably be said to have ratified a program of which many members of Congress — and all members of the public — were not aware.
And the Court goes on:
Because they reached this decision, as above, they sidestepped the Constitutional issues for another day…
Another Bakken BOOM! train explodes
May 6th, 2015
This photo was taken by neighbor Jennifer Willi, who lives about 1/2 mile from the scene of the derailment, near Heimdal, North Dakota. At least 10 cars exploded and are burning. They should publish the destination of the cars so people will know the reach of these trains! They line up outside the Delaware City refinery; blew up in Lac Megantic, Ontario; Lynchburg, VA. We are all at risk!
Some coverage, with a snippet from each:
Crude oil train derails in North Dakota, residents evacuate town
“It’s all over the place,” Wells County Sheriff’s Office Deputy Janelle Pepple told the Daily News. “Thick, billowing black smoke; flames shooting 100 feet in the air. It’s a pretty spectacular-looking fire.”
North Dakota Town Evacuated After Train Derailment
North Dakota Town Evacuated After Oil Cars Derail And Catch Fire
Roehrich said she couldn’t get close enough to the train to see whether it was exploding or just burning. “It looks a lot like Casselton,” she said, referring to the fiery train wreck of oil tankers near Casselton in late 2013.
(with the admission that new cars don’t really matter)
BNSF said the tank cars that derailed were constructed under a 2011 voluntary rail industry standard intended to make them tougher than older cars that were long known to pose a safety risk. But the new cars have proved equally dangerous. The five major oil train accidents so far this year in the U.S. and Canada all involved the newer cars, each of which can hold about 30,000 gallons of fuel.
From KMSP:
A new MnDOT analysis released in March shows 326,170 Minnesotans live within the half-mile evacuation zones along state oil train routes.
This video was up on KMSP’s site, then disappeared, maybe it will come back:
SF 1735 – SHAME on each Senator who voted for it
May 5th, 2015
UPDATE: It’s over… the Senate Rules committee let it go to the floor…
So this morning, SF 1735 was up before the Senate Rules committee. It was “late” and so Sen. John Marty brought it to Rules with a Motion to suspend the rules and let it go to the floor, late as it was. And that passed, and so now it is going on to the Senate floor.
Unbelievable… SHAME on Sen. John Marty and the Senate Energy Committee for ramming this through despite all those testifying against it. SHAME on the Rules committee for letting this bill go through. SHAME on all those funded “environmental” groups who sat through watching this happen, sat there silently. SHAME on Bill Grant, now Deputy Commissioner of Commerce, f/k/a Ass. Director of Izaak Walton League, for shepherding this through.
+++++++++++++++++++++++++++++++++
Again, this may be the last meaningful opportunity to influence S.F. 1735. Suggestions:
Senate Rules and Administration Committee emails: sen.michelle.fischbach@senate.mn, sen.warren.limmer@senate.mn, sen.scott.newman@senate.mn, sen.paul.gazelka@senate.mn, sen.jim.metzen@senate.mn, sen.rod.skoe@senate.mn (Committee page for links to those who use “contact” forms, CLICK HERE). Chair, Tom Bakk, 651-296-8881
Call/Email Sen. John Marty asking him to WITHDRAW S.F 1735, the Xcel deregulation bill, but act to defend the Community Solar Garden law: (651) 296-5645, jmarty@senate.mn
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USFWS Response to FOIA Request
April 29th, 2015
Recently, I’ve received USFWS responses to our FOIA Requests regarding the Black Oak and Getty wind projects, and there’s a LOT, and I don’t think that it’s made its way into either the Certificate of Need or Siting dockets at the Public Utilities Commission.
To see the PUC Dockets GO HERE TO PUC SEARCH PAGE and then search for dockets 11-471 (CoN), and 10-1240 and 11-831 (siting).
Here’s what we’ve received — it’s not uploading easily, so there’s some duplication and some may not all be included, and I’ll be working on getting this posted today:
43 CFR Part 2 Subpart F (handling conf info)
BlackOakGettyWindDraftAvianReportInitialCommentMemo110902
DEPARTMENT OF THE INTERIOR Mail – Getty_Black Oak Wind Recent
DNR-CommentsBlackOakWindFarmDraftSitePermit110422
DNR-CommentsGettyWindDraftSitePermit_DraftABPP-120404
Getty Black Oak Acoustic Report – DNR Comments
Getty Windfarm Early Coordination Response (2)
DNR-CommentsBlackOak-GettyPermitAmendment140929
FWS-2015-00281 C_Overland Partial Release2
Black Oak and Getty Wind Farm Draft ABPP – USFWS Review Comment Letter1
Black Oak ECP General Comments Black Oak Getty Model Information
Black Oak Wind Farm – USFWS Response Letter 3-26-2010 (2)
Black Oak Wind Farm – USFWS Response Letter 3-26-2010
Black Oak Wind Farm – USFWS Review Response Letter (2)
Black Oak Wind Farm – USFWS Review Response Letter
Black Oak Wind Farm Eagle Minutes Black Oak Wind Steinhauer Tails 2009
FA 0145 Black Oak-Getty Agenda 8-30-11 (2)
Davis to Jennings Dewild et al Getty Wind 2010 FA 0068
Davis to Smith Geronimo Black Oak 2009 FA 0145
Davis to Steinhauer – Getty Wind Project Site Permit Application IP6866
WS-11-831 Davis to Steinhauer MN Commerce Energy Security
DEPARTMENT OF THE INTERIOR Mail – Black Oak and Odell
DEPARTMENT OF THE INTERIOR Mail – Black Oak ECP Comments
DEPARTMENT OF THE INTERIOR Mail – Black Oak Getty eagle minutes
DEPARTMENT OF THE INTERIOR Mail – Black Oak Getty shapefiles
DEPARTMENT OF THE INTERIOR Mail – Black Oak Survey points map
DEPARTMENT OF THE INTERIOR Mail – Black Oak Wind – Catching Up
DEPARTMENT OF THE INTERIOR Mail – Black Oak Wind – ECP
USFWS Comments – Black Oak and Getty Wind Draft ABPP
Re_ Getty Wind Project Site Permit Application IP6866_WS-11-831
Re_ Geronimo Black Oak Eagle Nest
Re_ Geronimo Black Oak Eagle Ne2
Re_ Geronimo Black Oak Eagle Ne
Re_ Geronimo Black Oak and Getty Wind Farm Bald Eagle Discussion
Re_ FW_ Black Oak Wind Farm-Ste
Re_ DNR Comments on Black Oak _ Getty WInd Bat Acoustic Report1
RE_ DNR Comments on Black Oak _ Getty WInd Bat Acoustic Report
Re_ Black Oak_Paynesville Follow Up
RE_ Black Oak_Getty Wind Projects – Data and Model Exchange3
RE_ Black Oak_Getty Wind Projects – Data and Model Exchange1
RE_ Black Oak_Getty Wind Projects – Data and Model Exchange
Re_ Black Oak_Getty Eagle use survey protocol
RE_ Black Oak_Getty Avian Report — potential meeting change3
RE_ Black Oak_Getty Avian Report — potential meeting change2
RE_ Black Oak_Getty Avian Report — potential meeting change1
RE_ Black Oak_Getty Avian Report — potential meeting change
RE_ Avian Report for Black Oak and Getty Wind Projects
RE_ Accepted_ Avian Report for Black Oak and Getty Wind Projects
PUC Docket Number_ IP-6866_WS-11-831 – Getty Wind Project Comments
PREDICTING EAGLE COLLISION FATALITIES
Letter from Rich Davis, USFWS, re Black Oak Wind Farm Site Permit App Review
Getty Eagle use Getty Avian Maps
Geronimo Black Oak Wildlife Discussion1 Geronimo Black Oak Wildlife Discussion
Geronimo Black Oak and Getty Wind Farm Bald Eagle
FW_ DNR Comments on Black Oak _ Getty WInd Bat Acoustic Report3
FW_ Black Oak Wind Farm-Stearns
DNR Initial Comments Memo – Black Oak_Getty Wind Draft Avian Report
DEPARTMENT OF THE INTERIOR Mail – Black Oak and Getty Wind
CollisionFatalityModel_RCodeOverview
CMDataTemplate Black Oak_Getty Wind Avian meeting rescheduled
Black Oak_Getty Agenda for 8-30-11 meeting
Black Oak Wind Farm, Stearns County Black Oak and Getty Bat Study
Black Oak Wind Farm – USFWS Review Response Letter3
Black Oak – Getty Wind ABPP USFWS Comments
Avian Report for Black Oak and Getty Wind Projects
Triggers for AM at Windfarms_June 18_2014 (1)
template for collision risk model_MR_June18
template for collision risk model
Fig1_EaglePreConstructionSurvey
Email17_attachment1 EFP_Memo_ABPP_2-27-12
DEPARTMENT OF THE INTERIOR Mail – RE_ Black Oak_Getty Wind Farm and ECP Guidance – Meeting Agenda
DEPARTMENT OF THE INTERIOR Mail – quick R question
DEPARTMENT OF THE INTERIOR Mail – Meeting in January 2014 for Black Oak_Getty Wind Farm
DEPARTMENT OF THE INTERIOR Mail – Fwd_ Cause of Action FOIA (FWS-2014-01383) – Files Uploaded
DEPARTMENT OF THE INTERIOR Mail – FW_ DNR Comments on Black Oak _ Getty WInd Bat Acoustic Report
DEPARTMENT OF THE INTERIOR Mail – Final Black Oak and Getty Wind Meeting Notes
DEPARTMENT OF THE INTERIOR Mail – Draft Regional Eagle meeting notes, Wednesday, December 3, 2014
DEPARTMENT OF THE INTERIOR Mail – bogy
DEPARTMENT OF THE INTERIOR Mail – Black Oak_Getty Wind Project
DEPARTMENT OF THE INTERIOR Mail – Black Oak_Getty Wind Farm and ECP Guidance
DEPARTMENT OF THE INTERIOR Mail – Black Oak_Getty Model Runs from July 2
DEPARTMENT OF THE INTERIOR Mail – Black Oak_Getty Eagle Conservation Plan
DEPARTMENT OF THE INTERIOR Mail – BOGY ECP
DEPARTMENT OF THE INTERIOR Mail – Black Oak Wind Farm data
DEPARTMENT OF THE INTERIOR Mail – Black Oak Wind Farm and Getty Wind Project Eagle Monitoring Plan
DEPARTMENT OF THE INTERIOR Mail – Black Oak Wind – ECP
DEPARTMENT OF THE INTERIOR Mail – Black Oak Wind – Catching Up
DEPARTMENT OF THE INTERIOR Mail – Black Oak Survey points map
DEPARTMENT OF THE INTERIOR Mail – Black Oak Getty shapefiles
DEPARTMENT OF THE INTERIOR Mail – Black Oak Getty eagle minutes
DEPARTMENT OF THE INTERIOR Mail – Black Oak ECP Comments
DEPARTMENT OF THE INTERIOR Mail – Black Oak and Odell Davis to Steinhauer MN Commerce Energy Securit
Davis to Steinhauer – Getty Wind Project Site Permit Application IP6866 WS-11-831
Davis to Smith Geronimo Black Oak 2009 FA 0145
Davis to Jennings Dewild et al Getty Wind 2010 FA 0068
Meeting_Agenda_Geronimo_BlackOak_20110111 (2)
GOEA vs BAEA for Stearns Getty Tech Rep Memo
Fig1_EaglePreConstructionSurvey
DEPARTMENT OF THE INTERIOR Mail – RE_ Black Oak_Getty Wind Farm and ECP Guidance – Meeting Agenda
DEPARTMENT OF THE INTERIOR Mail – quick R question
DEPARTMENT OF THE INTERIOR Mail – Meeting in January 2014 for Black Oak_Getty Wind Farm
DEPARTMENT OF THE INTERIOR Mail – Fwd_ Cause of Action FOIA (FWS-2014-01383) – Files Uploaded
DEPARTMENT OF THE INTERIOR Mail – FW_ DNR Comments on Black Oak _ Getty WInd Bat Acoustic Report
DEPARTMENT OF THE INTERIOR Mail – Final Black Oak and Getty Wind Meeting Notes
DEPARTMENT OF THE INTERIOR Mail – Draft Regional Eagle meeting notes, Wednesday, December 3, 2014
DEPARTMENT OF THE INTERIOR Mail – bogy
DEPARTMENT OF THE INTERIOR Mail – Black Oak_Getty Wind Project
DEPARTMENT OF THE INTERIOR Mail – Black Oak_Getty Wind Farm and ECP Guidance
DEPARTMENT OF THE INTERIOR Mail – Black Oak_Getty Model Runs from July 2
DEPARTMENT OF THE INTERIOR Mail – Black Oak_Getty Eagle Conservation Plan
DEPARTMENT OF THE INTERIOR Mail – BOGY ECP DEPARTMENT OF THE INTERIOR Mail – Black Oak Wind Farm data
DEPARTMENT OF THE INTERIOR Mail – Black Oak Wind Farm and Getty Wind Project Eagle Monitoring Plan
DEPARTMENT OF THE INTERIOR Mail – Black Oak Wind – ECP
DEPARTMENT OF THE INTERIOR Mail – Black Oak Wind – Catching Up
DEPARTMENT OF THE INTERIOR Mail – Black Oak Survey points map
DEPARTMENT OF THE INTERIOR Mail – Black Oak Getty shapefiles
DEPARTMENT OF THE INTERIOR Mail – Black Oak Getty eagle minutes
DEPARTMENT OF THE INTERIOR Mail – Black Oak ECP Comments
DEPARTMENT OF THE INTERIOR Mail – Black Oak and Odell Davis to Steinhauer MN Commerce Energy Securit Davis to Steinhauer – Getty Wind Project Site Permit Application IP6866 WS-11-831
Davis to Smith Geronimo Black Oak 2009 FA 0145
Davis to Jennings Dewild et al Getty Wind 2010 FA 0068
BOGY_BatStudy_Hamer_12172012
Black Oak-Getty Agenda 8-30-11 (2)
