Legalectric

Yesterday, the Minnesota Supreme Court released a landmark stray voltage opinion, clarifying the breadth of the “filed rate” and “primary jurisdiction” doctrines declaring that they do not limit suits for stray voltage damages against utilities.  This has been a six year lawsuit for the Siewerts so far…

Siewert v. Northern States Power d/b/a Xcel Energy

Here’s the STrib’s article — hmmmmm… no comments allowed!  I wonder why that is?

Supreme Court rules for farmers in stray-voltage case

In a divided opinion, the state court’s decision allows a father and son to pursue damages to their dairy herd blamed on excess voltage from Xcel Energy.

By JIM ANDERSON, Star Tribune

Last update: January 27, 2011 – 10:03 AM

In a ruling on an issue that has long vexed the state’s dairy industry, a divided Minnesota Supreme Court on Wednesday ruled that two Wabasha County farmers can seek $4 million in damages from Xcel Energy for damages to their herd through stray voltage.

Stray voltage — the subject of much debate, research and legal action over the past several decades — is a phenomenon caused by low levels of excess electricity passing via the ground between two contact points through an object not intended to be a conductor.

In the case of dairy cattle, it is claimed the continued stress of mild shocks thwarts milk production and damages their health.

“We’re very pleased with the Supreme Court’s decision,” said Greg Siewert, who farms with his father, Harlan, in Zumbro Falls. The Siewerts first filed suit against Northern States Power Co., a subsidiary of Xcel, in 2004.
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Brad Moore, former Commissioner at the Minnesota Pollution Control Agency has signed on with PolyMet.

He left the MPCA in December, 2008, for Barr Engineering.  Here’s a page from Barr Engineering about his visit there June 22, 2010 (job interview, eh?) and his presentation:

Brad Moore’s Presentation at Barr Engineering 6-22-07

And yesterday’s press release from PolyMet:

PolyMet Names Brad Moore Executive VP – Environmental and Governmental Affairs

Monday, January 24 2011

Hoyt Lakes, Minnesota, January 24, 2011 – PolyMet Mining Corp. (TSX: POM; NYSE AMEX: PLM) (“PolyMet” or the “Company”) announced today that it has appointed Bradley (Brad) Moore as Executive Vice President, Environmental and Governmental Affairs.

Mr. Moore has more than 25 years experience in environmental regulation and review and is assuming overall responsibility for the Company’s effort to complete environmental review and obtain permits necessary for construction and operation of the NorthMet copper-nickel-precious metals project located in the established Mesabi mining district in northeastern Minnesota.

Mr. Moore served as Commissioner of the Minnesota Pollution Control Agency (“MPCA”) from 2006 to 2008, and as Assistant Commissioner for Operations of the Minnesota Department of Natural Resources (MDNR) from January 1999 to August 2006.  Prior to that, he worked in leadership and policy analyst positions with the MDNR and the Minnesota Department of Public Service (now the Department of Commerce).

In December 2008, Mr. Moore joined Barr Engineering as Senior Advisor, Public and Governmental Affairs where he advised several companies, including PolyMet, on environmental strategy.  Barr provides engineering services primarily in the upper Midwest, with a strong focus on environmental engineering.

“I’ve been working with Brad during his tenure at Barr,” said LaTisha Gietzen, PolyMet’s vice president of public, governmental and environmental affairs. “His existing knowledge of the project and the process mean that he can step in immediately to effectively help the environmental review and permitting process move forward to completion.”

During his tenure at the MPCA, Mr. Moore led successful efforts to negotiate a cleanup plan for industrial chemicals in the Twin Cities, and ensured timely review and approval of a $1.5 billion project on the Iron Range that will mine and process iron ore and produce steel. Mr. Moore represented the MDNR at the state legislature, testifying before legislative committees on budget, policy, and operations.  During his tenure at both MPCA and DNR, he worked closely with federal agencies and NGOs on environmental and regulatory topics.

“Brad’s broad and deep experience brings additional skills to our leadership team, enhancing our capacity as we increase our efforts in this final stage of environmental review,” said PolyMet president and CEO, Joe Scipioni. “His private and public sector expertise provides a unique perspective that will be extremely valuable as we complete environmental review and move into permitting our project.”

“I am excited to join the PolyMet team,” Mr. Moore added.  “PolyMet offers an important opportunity to Minnesota and the United States.  We can provide essential minerals each of us uses every day and we can demonstrate that non-ferrous mining can be done in a way that meets Minnesota’s high environmental standards.”

Just when I thought it couldn’t get any worse… and after yesterday’s Executive Order 11-04, oh my, that was pretty awful, then Dayton makes the choice of Bill Grant, Izaak Walton League, as Deputy Commissioner of Energy.

Bill Grant headed the Midwest Izaak Walton League, the “environmental” organization that through the years has given the utilities everything they want, and has received foundation grants (it is his last name after all) to promote the most reprehensible things… particularly transmission, transmission, transmission.  They intervened in the CapX 2020 Certificate of Need (PUC Docket 06-1115) in favor of the project, what more need be said?

So did Dayton make this appointment with knowledge of, or not knowing:

Settlement Agreement – ME3(Fresh Energy), Izaak Walton League, Minnesota Center for Environmental Advocacy, North American Water Office

$8.1 Million Wind on Wires grant from McKnight/Energy Foundation

“Wind on the Wires” website – remember, this is a subset of Walton’s, they’re on Walton’s payroll

Bill Grant – Sawmill Presentation – Promotion of Coal Gasification

And remember, Bill Grant has been on that Renewable Development Fund that gave Excelsior Energy $10 million in state money… and he’s the one who talks about “low carbon coal.”  Give me a break…

How is this appointment in the public interest?

Izaak Walton League official tapped to head state energy division

Environmentalists happy he supports renewable energy

By Leslie Brooks Suzukamo

Updated: 01/24/2011 11:12:55 PM CST

Minnesota Commerce Commissioner Mike Rothman has appointed William Grant, an ardent environmentalist with the Izaak Walton League and advocate of renewable energy, as the state’s new deputy commissioner of its energy division.

Environmentalists praised the appointment as a sign that Gov. Mark Dayton wants to preserve Minnesota’s leadership role in renewable energy development.

“Bill is recognized by consumers, the energy industry and policy-makers as someone with terrific knowledge, ability and integrity,” Rothman said in a statement Monday. “He will be charged with ensuring that Minnesota’s energy needs are met while focusing on a green energy economy and jobs.”

The deputy commissioner also oversees the state’s regulated utilities and makes recommendations on rate hike requests.

Grant said his first priority will be “to maintain Minnesota’s leadership in progressive energy policies” while making sure consumers are protected.

He noted that the Minnesota House recently moved to lift the moratorium on developing more nuclear power and is looking at removing restrictions on building new coal-fired power plants, among other measures, but he declined to say what he would recommend until after he talks with the governor’s staff.

“Nobody knows Minnesota’s energy policy like Bill Grant,” said Michael Noble, executive director of the nonprofit advocacy group Fresh Energy.

“He’s got a 30-year track record in energy policy, and he’s helped put Minnesota in place as a national energy leader,” Noble said. “It’s a clear signal from the governor that he intends to make energy a key part of his vision for getting Minnesota back to work.”

The Minnesota Chamber of Commerce agreed that Grant’s division will play a key role in the growth of the state’s economy.

“Bill Grant has got enormous experience in regards to environmental policy, but to do that job well, it’s about reliability and competitive costs as much as it is about protecting the environment. You’ve got to wear at least three hats,” said Bill Blazar, a spokesman for the chamber.

Minneapolis-based Xcel Energy said, “Xcel Energy works cooperatively with all of its regulators and will continue to do so.”

“Streamline” is code for “ram it through.”

Another one of those “change!” moments — look at what we’re getting:

Daytons Executive Order 11-04

So do tell, was this done to help push approval of Paul Aasen as Commissioner of MPCA?  Show that Dayton will roll for big business over environmental review?  There are such horrendous projects in the pipeline, ones that require a serious look, and ones that shouldn’t be permitted, period.  P-O-L-Y-M-E-T! Need I say more?  Oh, OK, how about 3M’s Cottage Grove Incinerator?   Hennepin County’s HERC Incinerator?

Here’s his Press Release:

Dayton Issues Executive Order to Speed Permitting Process

Dayton is right in line with Rep. Drazkowski — how scary can it get?

Drazkowski pitches regulatory reduction

Minnesota DNR page on Chronic Wasting Disease

In the STrib:

Chronic wasting disease seen in SE Minn. deer

If the preliminary diagnosis is confirmed, it marks the first time the disease has been found in Minnesota’s wild deer herd.

By DENNIS ANDERSON, Star Tribune

A deer killed by an archer in southeast Minnesota last fall is believed to have been infected by chronic wasting disease, the first wild whitetail in the state to be stricken.

Preliminary tests show that a doe felled Nov. 28 near Pine Island in Olmsted County carried the disease. Very little of the animal has been eaten by the hunter or his family, the Department of Natural Resources reported Friday morning, and authorities will pick up the butchered meat for further testing.

CWD is not believed to pose a danger to humans, though hunters and others who eat venison and elk meat are warned that an animal’s brains and spinal cord should be avoided.

The deer was killed about three miles from a captive elk farm near Pine Island that had been shut down recently after CWD was identified in its herd, which subsequently was “de-populated,’’ or killed in its entirety.

DNR big game coordinator Lou Cornicelli said Friday there is no way to determine how the wild deer became infected.

Before it was shot, the animal appeared thin, the archer recalled, but otherwise behaved normally. CWD can gestate in an infected animal for as long as four years before clinical signs of the disease are detected and the animal dies.

The archer has asked state authorities to remain anonymous.
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