Legalectric

Line 3 proposed and alternate routes

The Administrative Law Judge’s Recommendation is out:

Findings of Fact, Conclusions of Law, and Recommendation

Enbridge should be glad they got this Recommendation.  There’s something for everyone in this decision, and there’s something for everyone to object to — which tells me it’s a job well done.  It’s a fascinating read, exposing the misrepresentations of Enbridge about quite a few material issues, particularly about Enbridge circumventing FERC requirement of removing the pipeline, the paucity of the “jobs jobs jobs” claim, and the need to renegotiate easements with tribes, which factors into Enbridge’s “inexplicable” easement acquisition for up to 4 pipelines as it finagled for this Line 3.  READ THE Findings of Fact, Conclusions of Law, and Recommendation!  Judge O’Reilly did a great work in digging through the literally tons of materials in this docket.  The misrepresentations and omissions are so blatant that there’s a firm basis for requiring disclosure and correction of their application, and were I the ALJ, outright denial of their application!  They’ve been caught.  It’s all well documented in the Recommendation.

Something near and dear to me about this — note the “SA-04” alternative route — it goes right through two of the Freeborn County townships dealing with the Freeborn wind project. Notice?  See p. 47-48.

Guess the Certificate of Need “Notice Plan” and notice requirements are worthless…

Apparently the karst is more important than notice:

And the DNR supported this option?!?!

However, SA-04 was deemed not a viable alternative:

If you have comments, objections, there’s been a notice issued regarding submission of “Exceptions” which are due May 9, 2018:

20184-142282-01_Exceptions Notice

Here’s how this is interpreted by the press:

‘There’s a ton riding on this’: Enbridge pipeline project dealt blow in Minnesota

Enbridge faces new Line 3 setback in Minnesota ruling

Judge: Enbridge Line 3 project should follow existing route

Ruling: Minnesota regulators should approve new Line 3 pipeline — if it follows current pipeline’s route