3M poisoning water
October 19th, 2019
![](https://legalectric.org/f/2019/10/Map-Well-Advisory.jpg)
3M stopped making PFC’s a long time ago, I’d guess when they figured out the danger (people still use teflon?!?!). But it doesn’t just go away, it’s spreading, and it’s in Minnesota’s water, and elsewhere around the country too. Du Pont is responsible for a lot of similar contamination of water, another similar story for another day.
PFAS map above — Purple dots above are a “well advisory.” Green dots are “no or low PFAS.” Nope, inadequate. I want green to be NO PAS, and oh, say, yellow for “low PFAS” and definition of “low.” Not labeling “low” when there IS contaminated water is disingenuous.
Last year, the Minnesota Attorney General’s Office settled a suit with 3M over its pollution, poisoning, of water with PFCs and related dangerous substances like PFOA, etc…
Settlement was for $850 million dollars, $720 million after expenses, including attorney fees, will go to local water issues.
Here’s the agreement:
Minnesota vs. 3M Company Agreement
So this is in the paper today:
Woodbury shuts down sixth water well over pollution concerns
Looking at the agreement, they’re terming the $$$ in the settlement a “grant,” specifically, that “3M will make a Grant in the amount of $850 million to the State which shall be held in the 3M Grant for Water Quality and Sustainability Fund, within fifteen (15) days from
the Effective Date of this Agreement.” (see agreement above, p. 3.) No admissions here…
Framing it in a way that doesn’t stress clean up, and instead focuses on happy language… “enhance the quality, quantity and sustainability…” GOOD GRIEF…
As the first and highest priority, the MPCA and/or the DNR shall utilize
the Grant referenced in paragraph 13 above to enhance the quality, quantity and sustainability of the drinking water in the East Metropolitan Area, which shall include, but is not necessarily limited to, the cities of Woodbury, Oakdale, Lake Elmo, Cottage Grove, St. Paul Park, Afton, and Newport and the townships of West Lakeland and Grey Cloud Island. The goal of this highest priority work is to ensure clean drinking water in sufficient supply to residents and businesses in the East Metropolitan Area to meet their current and future water needs. Examples of projects in this first priority may include, but are not limited to, the development of alternative drinking water sources for municipalities and individual households (including but not limited to creation or relocation of municipal wells), the treatment of existing water supplies, water conservation and efficiency, open space acquisition, and groundwater recharge (including projects that encourage, enhance, and assist groundwater recharge). For individual households, projects may include, but are not limited to, connecting those residences to municipal water supplies, providing individual treatment systems, or constructing new wells. The MPCA shall conduct a source assessment and feasibility study regarding the role of the Valley Branch Water District’s project known as Project 1007 in the conveyance of PFCs in the environment. In selecting and performing activities pursuant to this paragraph, the State shall prioritize water supplies where health based values, health risk limits, and/or health risk indices for PFCs are exceeded.
Here’s the “3M settlement: financial framework” which includes this statement:
“Money in the Remediation Fund is appropriated to the MPCA and DNR to be spent for a variety of purposes, including taking remedial actions and rehabilitating and restoring natural resources.”
Seems to me, that “including” means it’s an afterthought, not the primary purpose.
The law is STRICT LIABILITY for those who cause the harm, but I’m not seeing a requirement to CLEAN UP, only that they’re paying in to the state. Am I missing something here? From the “3M settlement: financial framework” again:
MERLA makes responsible person strictly liable not only to clean up contamination from hazardous substances (i.e. Superfund), but also to pay damages to the state for the resulting harm to natural resources. By establishing a legal cause of action to recover for natural resource damages, MERLA recognizes the value of the state’s natural resources and the importance of restoring them as much as possible for the benefit of the public. Minn. Stat. §115B.04,subd.1(3).
Now another Woodbury well is poisoned. How on earth will they clean up this mess for $850 million, when it’s increasing, where additional wells are poisoned. Isn’t this map of purple dot “well advisory” horrifying? Look again:
![](https://legalectric.org/f/2019/10/Map-Well-Advisory.jpg)
Color me skeptical, well… furious.
Here are the reports for this “grant.”
3M Settlement biannual report and Spending Plan for FY2020 (August 2019)
3M Settlement — determining how priorities will be met (April 2019)
11/19 – PPSA Annual Hearing
October 18th, 2019
![](https://legalectric.org/f/2015/11/mickeymouse.jpg)
It’s that time of year again, the Power Plant Siting Act Annual Hearing.
![](https://legalectric.org/f/2019/10/Notice.jpg)
And here’s the…
Here’s the Power Plant Siting Act — Minn. Stat. Ch. 216E!
Why an Annual Hearing? Because the statute says so:
216E.07 | ANNUAL HEARING. |
Here are the reports from prior PPSA Annual Hearings:
2006 Report to PUC – Docket 06-1733
2007 Report to PUC – Docket 07-1579
2008 Report to PUC – Docket 08-1426
2009 Report to PUC – Docket 09-1351
2010 Report to PUC – Docket 10-222
2011 Report to PUC – Docket 11-324
2012 Report to PUC – Docket 12-360
2013 Report to PUC – Docket 13-965
2014 Summary Report– Docket 14-887
2015 Summary Report – Docket 15-785
2016 Summary Report – Docket 16-18
October 10, tRump HERE!
September 26th, 2019
![](https://legalectric.org/f/2019/09/oct-10-2019.jpg)
Coal ash? Comment now!
September 22nd, 2019
![](https://legalectric.org/f/2010/02/coal-fire.jpg)
Remember the huge coal ash impoundment ruptures/breeches dumping coal ash all over? THIS is why treatment and use of coal ash matters:
TVA coal ash slide – UPDATES
And even in Minnesota: TVA coal ash — we had our own ash slide here in MN
There was a rule update and comments in 2018, and it was remanded, and so here we go around again…
FEDERAL REGISTER ANNOUNCEMENT: Disposal of Coal Combustion Residuals from Electric Utilities
Comments must be received on or before October 15, 2019!
From the EPA’s announcement (CLICK HERE):
Public Hearing on the Proposed Changes to the Regulations for Coal Combustion Residuals: Enhancing Public Access to Information and Reconsideration of Beneficial Use Criteria and Piles
Wed, October 2, 2019
9:00 AM – 8:00 PM EDT
DoubleTree by Hilton Hotel
300 Army Navy Drive
Arlington, VA 22202
The public hearing will consist of three sessions:
- A morning session starting at 9:00 am and ending at noon.
- An early afternoon session starting at 1:00 pm and ending at 4:00 pm.
- An evening session beginning at 5:00 pm and ending at 8:00 pm.
CLICK HERE FOR THE PROPOSED RULE!
Just do it, comment away!!! Comments must be received on or before October 15, 2019.
Court DENIES Freeborn Wind/Xcel Motion to Dismiss
August 27th, 2019
![](https://legalectric.org/f/2009/02/crowd_cheering_med.jpg)
Freeborn Wind, now owned by Xcel Energy, tried to get Association of Freeborn County Landowners booted out of the Appellate Court. Freeborn Wind’s Motion DENIED!
And here’s the Order of the Appellate Court:
And this delightful snippet:
![](https://legalectric.org/f/2019/08/Snippet.jpg)
So now we’re off to the races!! We filed a Motion to Stay the Proceeding, because Xcel has filed its request for a site permit amendment. We shall see…