Trump’s latest Executive Order travel ban
September 27th, 2017
Here it is, published in the Federal Register today:
Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats
tRump claims that:
…the Secretary of Homeland Security, in consultation with the Secretary of State and the Attorney General, has determined that a small number of countries—out of nearly 200 evaluated—remain deficient at this time with respect to their identity-management and information-sharing capabilities, protocols, and practices. In some cases, these countries also have a significant terrorist presence within their territory.
Oh?!?! Yes, he says, “Chad, Iran, Libya, North Korea, Syria, Venezuela, and Yemen” plus Somalia.
Where does he get these ideas? How is this anything but WRONG!
Here we go with another round of lawsuits…
NAB Petitions to Intervene in HERC Docket
September 26th, 2017
Yesterday Neighbors Against the Burner filed this Petition to Intervene in a docket at the PUC where Xcel Energy has filed a request for approval of a Power Purchase Agreement slashing the rate paid to Hennepin Energy Recovery Center – HERC for electricity generated at the HERC garbage burner:
Neighbors Against The Burner_Cover-Notice of Appearance -Petition to Intervene
Check out the Public Utilities Commission docket:
Click “Search Documents” HERE and search for docket 17-532
Here’s the Neighbors Against the Burner page for HERC:
And check out Alan Muller’s powerpoint from the successful challenge to attempt to increase garbage burning:
There was an announcement in April, 2016, of the “HERC Clean Power Plan Coalition” with multiple groups joining to shut down HERC! Sierra Club North Star Chapter, MPIRG, Neighborhoods Organizing for Change, Community Power, St. Joan of Arc, etc. HERC has been raised as an issue in this fall’s Minneapolis Mayoral election.
Now’s the time to get it done! SHUT IT DOWN!
Assoc of Freeborn County Landowners – Intervention Granted
September 12th, 2017
The Minnesota part of the Freeborn County wind project is the site in red, above.
The Association of Freeborn County Landowners has been granted intervention, we’re a party!!!
And a footnote for those wonks interested in Minnesota Rules and OAH and Public Utilities Commission procedure:
For more information about this docket, the application and the filings thus far, go HERE and search for Public Utilities Commission docket 17-410.
GreenMark & Wacouta Township in Goodhue Co. District Court
September 12th, 2017
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. ???)
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.
Due TODAY — Comments on HERC
September 11th, 2017
Get to it, folks. Comments are due TODAY! Here’s mine, and Alan’s, just filed:
in eDockets, go here to register, it’s quick, it’s easy, and you can post on Public Utilities Commission’s eDockets system.
On what? Xcel Energy’s latest plan (part of) to terminate and/or amend outrageously high priced Power Purchase Agreements on incinerators across Minnesota.
Comment period on HERC PPA Amendment
Just filed — hot off the press:
And check what Commerce DER is at long last admitting, that there’s a generation surplus and transmission is for export:
Not only is there no need, BUT THERE IS NO NEED FOR MINNESOTANS TO PAY FOR MORE TRANSMISSION! But that’s an argument for another day, another docket…
Here’s another snippet:
And check this conclusion reached by MN’s Dept of Commerce – DER in its first round of comments — that Xcel is double dipping:
Here are the DER Comments:
And Comments of Hennepin County:
From Hennepin County: