Legalectric

Here in Red Wing, and throughout southeast Minnesota, and along the other side of the river in Wisconsin, sand has been a major issue. Many communities were dragged into this issue when an epidemic of silica sand mines, processing, and transloading facilities sprang up to support fracking for oil. Sand interests got Red Wing’s Mayor ejected when he was both Mayor and Executive Director of sand mining industry’s Minnesota Industrial Sand Council:

Mayor Egan Resigns

Sand was also an issue as Minnesota attempt at, though I’d say avoided, developing sand mining rules:

Someone explain rulemaking to the MPCA

As to sand as a resource, that’s not really been a part of the discussion in these parts. And on that note, the United Nations Environmental Programme (UNEP) has released a report:

And in the STrib: UN environment agency warns of effects of rising sand use

Check it out!

Remember Excelsior Energy‘s boondoggle Mesaba Project?  Go to the PUC’s search page and search for “05-1993” and “06-668” for the dockets.

A little birdie flew by today, cocked its shiny eye and said…

So following up… Does anyone find it strange that as of August 3, 2018, the registered office of Excelsior Energy and its agent, CEO, and Principal Executive Office Address of Tom Micheletti, is  THE ABOVE STORAGE UNIT at 4630 Quebec Avenue North, New Hope, MN 55428?

Last known address: 708 1st St., #421, Minneapolis, sold 2017 for $749,900(verified in Metsa for Congress report, 3/9/2018 donation)… and then there’s Orono: Tom & Julie’s house is for sale.

Did you know that Excelsior Energy got their regulatory perks extended until 2025?!?!  Really, look at this, Minn. Stat. 216B.1694, Subd. 3(b)(1), a 2017 legislative boondoggle!

(1) site and route permits and water appropriation approvals for an innovative energy project must also be deemed valid for a plant meeting the requirements of paragraph (a) and shall remain valid until the earlier later of (i) four years from the date the final required state or federal preconstruction permit is issued or (ii) June 30, 2019 2025; and

Yes, Excelsior Energy was doing their lobbying in 2017.

Julie Jorgensen has been hustling with Greenmark, our good friends Mark Andrews and Red Wing’s ex-Mayor Dennis Egan.  Three Musketeers? Three Stooges?

Then there’s Excelsior Energy Capital.  What’s that?!?!  Well, a Delaware corp registered in Minnesota in August of 2017, and inquiring minds found out their HQ is a BOAT SLIP at 21950 Minnetonka Boulevard, #210, Excelsior, MN.

Really.  Could google maps be wrong?  It’s not international waters, but assuredly … ummmm… well, bizarre!  Look at their TEAM (can you say photoshopped?).  I can’t find direct connections to our friends at Excelsior Energy, but with an operation like this, it’s got to be there!  Searching…

Remember AWA Goodhue’s office?  And Secretary of State lets them get away with this?

I found my notes!!  On August 29, 2017, Alan and I went to the Goodhue County Courthouse for the GreenMark Solar v. Wacouta Township (Court Case No. 25-CV-17-1462) festivities — a Summary Judgment hearing.

FULL DISCLOSURE: I’m not a fan of any of the principals of GreenMark, Mark Andrew, Dennis Egan, and Julie Jorgensen.  Mark Andrew is a former Hennepin County Commissioner and a fan of burning garbage. Here’s a thread from the Mpls yak-yak list about Andrew when he was running for Mayor.  Dennis Egan, well, we had a few go rounds when he was Mayor of Red Wing AND was executive director of Minnesota Industrial Sand Council, and at the time silica sand mining issue was on agenda for City of Red Wing. Julie Jorgensen? Her Excelsior Energy Mesaba Project coal gasification plant took up 5 years of my full-time labor before it went to part-time and intermittent, and still just won’t fully go away! Minn. Stat. 216B.1694, Subd. 3(b)(1)(ii).

That said, I’m also a big fan of solar, from way, way back when my father designed the solar on the Minnesota Zoo (that was later taken down, it was hot water! Not quite what was most needed, and they didn’t know much about solar back then).

Here’s the GreenMark Complaint — couldn’t find the Wacouta Answer or the cross-motions for Summary Judgment. The Wacouta Township website is years out of date — what’s up with that?  (2014 is most current minutes, plus a notice of the May 2017 meeting about the solar project. ???)

Greenmark Solar v. Wacouta Township_Complaint 25-CV-17-1462

Here are a couple articles:

GreenMark Solar challenges Wacouta Township | Republican Eagle

Minnesota Developer Sues for Solar Garden Permit

The oral argument started with Greenmark.  Some points (not all inclusive):

Focus on Minn. Stat. 394.33, Subd. 1, that the township decision violates Town Powers Act. It’s inconsistent with their zoning. They can enact more restrictive zoning, but they didn’t, township has no solar ordinance.2

Township ordinance is ambiguous.  Frank’s Nursery case — if ambiguous, allow property owner to do what they want with the property.

“Agricultural community” — Planning Commission and Board selected different definitions.  Current use, peat mining and hay.  Pollinator scale 45, and 85 with solar.  Wetlands. Reduce carbon emissions.

Township argument:

Town Power Act does not restrict township actions. Bergen defines inconsistent, it’s not different.
Township Ordinance, Art. 3, Subd. 10, limits industrial uses that do not support agricultural. Solar is an industrial use. Twp. does allow solar in ag, BUT, it’s more restrictive, and it’s not inconsistnet.

The standard is whether down decision was rational, i.e., legally sufficient, supported by record.

Reasonable — inconsistent with agriculture, exported to the grid. CUP – exported, GreenMark takes issue with def of ag use, but see “Hubbard Broadcasting” denial of Conditional Use.  Review is deferential.  Mandamus (GreenMark’s action) review not to challenge discretionary decisions of local government.

Frank’s Nursery re: ambiguous ordinance, doesn’t require ordinance to be construed to support use. Court still needs to determine rationality.

Greenmark Rebuttal

Mandamus – this is about building permit, a ministerial act, not discretionary.

Does township even have jurisdiction/authority.

Purpose of project — Goodhue County, that’s the area.

Altenberg (?) – Town Powers Act – Twp didn’t adopt a more restrictive ordinance.

Bergum (?) – legislative intent of Town Powers Act.

Township Rebuttal

Cases of Mandamus for building permits

Goodhue – zoned agricultural, township couldn’t zone industrial, that would be inconsistent with county zoning.

__________________________

Judge Bayley said he has a lot of homework to do, and will do it and issue Order.

More frac sand mining promotion!  The Rochester Chamber of Commerce, run for just 7 months, over a decade ago, by none other than illustrious soon-to-be-former Mayor Dennis Egan, is hosting a frac sand event.

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Friday, March 22, 11:30a.m. -1:00p.m.

 Canadian
Honker Events at the Ramada
1517 - 16th St SW
Rochester, Minnesota

Cost: Members $25, Non-members $35 (includes lunch)

Pre-registration Required

Word first arrived on March 14, 2013, as a email from the Rochester Chamber, where Egan was listed as “Mayor of Red Wing & Exec. Director, Minnesota Industrial Sand Council.” They have altered that to say only “Minnesota Industrial Sand Council” on their website:

Rochester Chamber of Commerce email

And from their website:

PUBLIC AFFAIRS SERIES: MINING IN MINNESOTA

Experts!  Who are the “experts” in this Rochester Chamber cast of characters?

Vern Baker is clear about his interests!  Good job!

We all know about Dennis Egan and his ethical standards and expertise in frac sand mining…

Jeffery Broberg represents landowners such as David Nisbit who want mines on their property, and who said at a public hearing, “As the applicant’s representative, I have a higher level of rights on these issues.” His promotional bent is clear in his statement after the St. Charles rail site was denied by the City:

Jeff Broberg, a geologic consultant to the frac sand industry who lives near St. Charles, said any meaningful expansion of industrial sand mining in the area will depend on the kind of large-scale, rail-aided logistics envisioned by Minnesota Proppant. He said that in his view, fear-mongering and negative exaggerations poisoned public discussion of the St. Charles proposal. “It’s a setback for the industry and for St. Charles,” Broberg said.

From the NoCapX site, we know an awful lot about Broberg, for example his classic “Exhibit 7” portrayal of the long closed sand-barred boat landing at the White Bridge Road!

Dave Christianson is billed as “Project Manager, Minnesota Department of Transportation.

He was billed as something similar at soon-to-be-former Mayor Egan’s Frac Sand Forum.  What does Google have to say? MnDOT Freight, Rail, & Waterways Staff; City of Winona powerpoint, and he’s all for expansion: “We believe it is very well controlled,” he said. “It’s something we look forward to seeing expanded and properly managed as we go forward.”

So of this lot, all are proponents, and not one speaker is independent, and not one speaker is opposed.  “Advocacy” is part of the title of the Chamber staffer who sent the email, and it’s pretty clear what they’re advocating for!

To attend, you have to pre-register, and pay $35: Members and Non-Members.

City Pages screengrab from KARE 11

’bout time he got around to making it official…

Mayor Egan Resignation

Onward, and hopefully this time we’ll find a mayor with some integrity and ethics.