Legalectric

Trump’s got a lot more than toilet paper sticking now. Judge Engoron’s Decision and Order is a joy to read. It’s about time this house of cards starts crashing down.

And the short version:

A while back I sent a Data Practices Act Request to the MPCA about the status of Xcel’s Red Wing garbage burner. It’s spewing, spewing, spewing, and its permit expired in 2009!

That’s right, 2009!

What are they doing, if anything? Here’s the link to the docs in answer to that DPA request:

https://app.sharebase.com/#/folder/103884/share/185-gS8vhKRssDHUuzm1TQiuZnSIp-s

This link is good for 90 days, so better download. It’s a LOT, and hard to tell what’s what, and as we all know, there are things hiding in there.

Yes, World Organization for Landowner Freedom (W.O.L.F.) has been denied intervenor status AGAIN.

First some background:

W.O.L.F. Intervention DENIED, sooooo…

January 22nd, 2024

Motion for Certification of W.O.L.F. Intervention

January 27th, 2024

And that Motion for certification? DENIED!

And worse, the ALJ misconstrues the rules with a not-so-subtle attempt at limiting cross-examination by this “participant” to passing questions through the judge!

Here’s what the ALJ said:

Moreover, the denial of the Petition did not deprive W.O.L.F. the opportunity to participate as a member of the public in the contested case, pursuant to Minn. R. 1400.6200, subp. 5, .7150 (2023), and 1405.0800 (2023), or from informally collaborating with and supporting other parties. Specifically, W.O.L.F. may file offer direct testimony in written form at or following the hearing and may cross-examine witnesses by submitting questions in writing to the Administrative Law Judge to ask them before or during the hearings.

The “submitting questions in writing to the Administrative Law Judge to ask them before or during the hearings” is for those who do not want to speak publicly! Really? Yup… let’s take a look at what the rules say, Minn. R. 1499.6200, Subp. 5, 7150; and Minn. R. 1405.0800, those he cited. First the Power Plant Siting Act rules as this docket falls under Power Plant Siting Act:

1405.0800 PUBLIC PARTICIPATION.

At all hearings conducted pursuant to parts 1405.0200 to 1405.2800, all persons will be allowed and encouraged to participate without the necessity of intervening as parties. Such participation shall include, but not be limited to:

…

C. Questioning all persons testifying. Any person who wishes to cross-examine a witness but who does not want to ask questions orally, may submit questions in writing to the administrative law judge, who will then ask the questions of the witness. Questions may be submitted before or during the hearings.

Another rule cited:

Minn. R. 1400.6200. Subp. 5. Participation by public.

The judge may, in the absence of a petition to intervene, nevertheless hear the testimony and receive exhibits from any person at the hearing, or allow a person to note that person’s appearance, or allow a person to question witnesses, but no person shall become, or be deemed to have become, a party by reason of such participation. Persons offering testimony or exhibits may be questioned by parties to the proceeding.

And finally, Minn. R. 1400.7150, more limiting as it leaves participation to judge’s discretion:

It’s enough work to actively participate in a utility docket at the Public Utilities Commission, but to have to struggle to intervene, it’s contrary to the Commission’s charge:

216E.08 PUBLIC PARTICIPATION.

Oh well… ONWARD!

Catching up after a day off, and I saw and heard that he said this, and yet again, I’m shocked at this mindset (and here I’d figured nothing could surprise me). This is what he said, publicly, recorded for posterity:

One of the Presidents of a big country stood up and said, “Well, sir, if we don’t pay and we’re attacked by Russia, would you protect us?” I said, “you didn’t pay, you’re delinquent…” He said “Yes, let’s say that happened.” “No, I would not protect you, in fact, I WOULD ENCOURAGE THEM TO DO WHATEVER THE HELL THEY WANT! You gotta pay…

Trump’s NATO comments draw scorn, White House calls them ‘unhinged’

What did he say? Listen for yourself:

Trump: One of the presidents of a big country stood up and said, Well, sir, if we don't pay and were attacked by Russia, will you protect us? I said.. No I would not protect you. In fact, I would encourage them to do whatever the hell they want. pic.twitter.com/2RPVDFZIXy

— Acyn (@Acyn) February 10, 2024

And Xcel Energy drops yet another application, this one to add more nuclear waste dry casks at Prairie Island Nuclear Generating Plant. It was all I could do to download, and I have no idea what they’re wanting. The file names are a bit odd, and I’ll need to go over them and make sure it’s all there… in my spare time…

OK, here goes: