Like the old Line 3 pipeline, Minnesota’s regulatory system is corroded and compromised

Enbridge’s 2010 Kalamazoo spill cost more than $1 billion to clean up. Minnesota regulators feared this could happen here. (Photo: U.S. Environmental Protection Agency)

The current Enbridge Line 3 tar sands pipeline is more that 50 year’s old. It’s badly corroded and only runs at only 50 percent capacity to reduce spill risks.

Monitoring tools inside the pipeline identify potential problems. When found, workers dig down to the pipeline, inspect it, and make repairs. This is called an “integrity dig.” Enbridge estimated the current Line 3 would need 4,000 integrity digs over 15 years for its safe operation. That’s a lot of digging.

There’s a lot more integrity problems than just one old pipeline. Our entire regulatory system has integrity problems, including its failure to stop the dangerous and unnecessary Line 3 pipeline.

Collectively, we need to dig into this corroded system, understand how it got so compromised, and fix it.

746 positive COVID-19 tests reported for Line 3 workers

Enbridge reports 746 positive COVID-19 tests among Line 3 workers as of Feb. 25, according to data Enbridge provided to the Minnesota Department of Health (MDH).

The White Earth and Red Nations have raised concerns about how the influx of out-of-state workers for the pipeline construction could increase the risk of COVID-19 spread to their communities. They tried unsuccessfully to get the Minnesota Public Utilities Commission, then the courts, to order a construction delay because of the pandemic. Native Americans have suffered disproportionately from COVID-19.

Enbridge Line 3’s COVID Preparedness Plan has no teeth

On Dec. 2, the day after Enbridge started construction of its Line 3 pipeline, the company updated its COVID Preparedness Plan with state regulators.

The plan was part of a compliance filing for Line 3’s Route Permit, approved by the Minnesota Public Utilities Commission (PUC).

The plan seemed deficient, lacking transparency and enforcement. Healing Minnesota Stories wrote the PUC to ask why it didn’t require a stronger plan.

PUC Executive Secretary Will Seuffert wrote back: “the Commission did not require Enbridge to file any plans related to COVID-19, and did not approve the COVID-19 prevention plan.”

Corrections backs Aitkin County Jail following mass arrest, coronavirus complaints

We reported earlier this month on the arrest of 22 water protectors who were held overnight in the Aitkin County jail. They claimed COVID-19 protection were inadequate: Some jailers were not wearing masks or wearing them below their noses; women were held in overcrowded conditions.

The Minnesota Department of Corrections (DOC) is the state licensing body for county jails. Healing Minnesota Stories emailed the DOC, sharing the post with the water protectors’ stories. We asked if Aitkin County followed proper procedures.

The Department of Corrections — which does not have a great track record on COVID-19 prevention — responded today, saying not only that the “jail followed COVID-19 precautions” but also that the department “doesn’t have any violations against any jails due to COVID-19” since the pandemic began.

COVID-19 experts decline to comment on Enbridge Line 3 construction’s pandemic risks

Healing Minnesota Stories and others are still trying to get clear answers about the coronavirus health risks posed by Line 3 construction. Half of the 4,200 construction workers are expected to come from outside the northern Minnesota area. The influx workers is well underway.

How many more northern Minnesotans will get sick — and die — because of this project?

Some of the state’s leading COVID-19 experts don’t want to touch the question with a ten-foot pole. (That’s a six-foot pole for social distancing, and another four feet for good measure.)

Health Commissioner Malcolm: State to ‘closely monitor’ Line 3 path for COVID-19 outbreaks, and ‘adjust, as appropriate’

Give credit to Minnesota Health Commissioner Jan Malcolm for responding to a question regarding the state’s decision to approve construction of Line 3 at the same time the state expects a coronavirus surge.

Healing Minnesota Stories has sent inquiries to a number of health and public health officials asking about the wisdom of allowing Line 3 work to proceed considering the health risks. Malcolm is the first to respond. We will post other responses if and when we get them.

On its face, the decision to allow Line 3 construction now seems illogical. The state just put the brakes on various forms of social engagement to slow the pandemic, yet it seems to have a different standard for Line 3.

The argument seems to be that since the state is allowing other construction projects to proceed during the pandemic that it needs to allow Enbridge Line 3 to proceed, too. That fails to consider some of Line 3’s unique features. The project’s scale is well beyond anything else in the state. It will attract several thousands workers to northern Minnesota. (A video posted on Facebook of a Bemidji Super 8 parking lot reports cars from Texas, Louisiana, California, and Oklahoma.)

Further, the Minnesota Department of Commerce is currently in the Minnesota Court of Appeals arguing to revoke Line 3’s key permits. According to Commerce, Enbridge failed to prove Line 3 is needed. So what’s the rush to build an unnecessary pipeline?

Here is Commissioner Malcolm’s response to Healing Minnesota Stories question, in full.

PUC ignores Native nation’s concerns about Line 3’s COVID risks

The Minnesota Public Utilities Commission (PUC) today rejected requests from the Red Lake and White Earth nations to delay construction of the Enbridge Line 3 pipeline.

Further, the tribes said the arrival of out-of-town construction workers would increase the spread of COVID.

Further, the tribes and other intervenors have cases pending in the Minnesota Court of Appeals trying to reverse Line 3 approvals. The issues range from Line 3’s climate damage and treaty rights to the Minnesota Department of Commerce’s argument that Enbridge failed to prove this pipeline is needed.

The tribes argued that if the PUC didn’t delay Line 3 construction, the environmental damage would be done before the court reaches a decision, which would be unfair.

In a 4-1 vote, the PUC rejected the request for a “stay” in construction. Commissioner Matt Schuerger was the lone vote in favor of the stay. He called the tribe’s arguments “persuasive and critically important.”

Red Lake and White Earth are expected to appeal the PUC’s decision to the Minnesota Court of Appeals.

During pandemic spike, state needs to bar Enbridge Line 3 construction and its influx of out-of-state workers

PUC to hear Red Lake, White Earth requests for pipeline delay on Friday

Native Nations, environmental groups, file suit today to block MPCA’s Line 3 permit

Native Americans are bearing a disproportionate burden of the coronavirus pandemic and getting inadequate government support.

It’s true nationally and in Minnesota. Here, Gov. Tim Walz’ administration has put Indigenous lives at risk by failing to delay Enbridge Line 3 construction and the pandemic risks it entails.

Stop Line 3 webinar Tuesday features LaDuke, Houska, Goodwin and others offering ways to get involved

In other news, the Washington Football Team’s philanthropic fumble

Check out the Prepare to Care: Stop Line 3 webinar slated for this Tuesday, 6:30-9 p.m. It’s part of the multi-day Harvest the Power Justice Convergence and Teach-In sponsored by several Unitarian groups.

It’s free but you have to register. Here’s the link.

Climate justice leaders working in frontline communities across Northern Minnesota will provide updates on the Line 3 struggle, offering people ways to engage in the resistance movement. This workshop also will include information about nonviolent direct action and other creative and caring conflict intervention opportunities.

Bonus: The event will close by having participants learn a water song together.

News: MN Supreme Court upholds Bde Maka Ska name change, Alberta tar sands workers spread COVID-19, and more

In this blog:

• Minnesota Supreme Court upholds Bde Maka Ska name change
• Tar sands workers in Alberta spread COVID-19
• Pandemic closes casinos, causing economic harm in Indian Country
• Pine Ridge locks down after first two confirmed COVID-19 cases found