MN environmental leaders press Walz to pull Line 3 permits, PA Attorney General sues pipeline company for ‘environmental crimes,’ and more

In this blog:

  • Minnesota environmental leaders press Walz, Flanagan to pull Line 3 permits due to Enbridge’s construction problems and reporting failures
  • Scientists provide extensive list of Enbridge Line 3’s construction and oversight problems
  • Pennsylvania Attorney General sues Energy Transfer for ‘environmental crimes’ during construction of the Mariner East 2 Pipeline
  • Scientists release water analysis from Enbridge Line 3 frac out sites
  • Looking at future environmental damage from Enbridge Line 5 in Wisconsin
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Key political leaders have ducked the Line 3 controversy, pressure now on Biden to embrace the moment

Those of you, like me, who went to elementary school in Minnesota will recall playing the game “Duck, Duck, Gray Duck!”

We apparently are unique in using this name, as kids in every other state call it “Duck, Duck, Goose!”

Politicians have come up with their own version of the children’s game around the Enbridge Line 3 tar sands pipeline. They call it “Duck, Duck, Duck, Duck, Duck, Duck.”

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Reading the fine print on the MPCA’s commitment to ‘meaningful consultation’ with Native Nations

Gov. Tim Walz issued an executive order in 2019 committing the state and its various departments and agencies to “meaningful and timely consultation” with Native Nations on issues of mutual concern. So why didn’t the Minnesota Pollution Control Agency (MPCA) meaningfully consult with Tribes on Line 3? First in a two-part series.

The Minnesota Pollution Control Agency (MPCA) approved several key permits for Enbridge to build its Line 3 tar sands pipeline through northern Minnesota’s streams, wetlands, and wild rice areas, including one certificate that’s supposed to protect water quality.

Under Walz’s executive order 19-24, the MPCA was supposed to engage in meaningful consultation with Native Nations. By all appearances, the agency failed to do so on Line 3.

Examining the MPCA’s tribal relations policies tells why.

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Walz flops on question about what his Line 3 support says about his climate leadership

I spoke to candidate Tim Walz twice when he was running for Governor in 2017, once at a house party, once at a DFL unity event at a St. Paul brewery.

Both times I asked him one question: Where do you stand on the Enbridge Line 3 tar sands pipeline?

Both times he assured me he opposed the project. “Peggy would never let me do that,” he said, a reference to his running mate, Peggy Flanagan, an enrolled member of the White Earth Nation and then an outspoken Line 3 critic.

Walz spoke briefly about Line 3 Friday on MPR. I wasn’t surprised at his comments, but still angry.

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As Walz administration continues to fail on Line 3, Line 3 continues bringing trauma to Indian Country

T-shirts spelled out: “We are all treaty people”

Native Nations and environmental groups opposed to the Enbridge Line 3 tar sands pipeline announced Wednesday they would appeal to the Minnesota Supreme Court to overturn the pipeline’s Certificate of Need and Route Permit.

One notable advocate that had sued to stop Line 3 dropped out this time: The Minnesota Department of Commerce. Commerce represented the public interest before the Minnesota Public Utilities Commission (PUC). It has consistently argued that Enbridge failed to prove that future oil demand justified building the new and larger Line 3.

Those continuing litigation to overturn the PUC’s Line 3 permits are: The White Earth Band of Ojibwe, the Red Lake Band of Chippewa, the Sierra Club, Honor the Earth, Friends of the Headwaters, and Youth Climate Interveners.

Gov. Tim Walz appears to have caved to political pressure. His administration’s decision to drop the appeal emphasizes what’s been clear for a while: In spite of promises, Walz is not taking climate damage or treaty rights seriously.

In related news, top elected leaders from the White Earth Nation came to the Capitol today to press the Walz administration for nation-to-nation consultation around Line 3.

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Gov. Walz administration fails again at ‘meaningful consultation’ with tribal nations

Enbridge new Line 3’s dewatering plan raises hard questions

The Minnesota Department of Natural Resources (DNR) has approved a permit allowing Enbridge to increase its Line 3 trench dewatering by nearly ten fold, up to 5 billion gallons.

The Minnesota Chippewa Tribe has written Gov. Tim Walz requesting he tell the DNR to rescind the permit, “until such time as the Department consults with the White Earth Reservation and all other impacted tribes” as promised in Walz’s 2019 executive order.

“Time of of the essence,” wrote Catherine J. Chavers, President of the Minnesota Chippewa Tribe.

Line 3’s new dewatering permit raises many questions:

  • Why didn’t it trigger Gov. Tim Walz’s executive order requiring meaningful consultation with Native Nations?
  • Why is Enbridge requesting such a big increase in dewatering so late in construction?
  • Why wasn’t there more public engagement in the process?
  • What are the potential environmental harms from increased dewatering?
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Treaty People Gathering was about more than resistance and arrests, but a teaching moment

Treaties are a two-way street with rights and responsibilities for both parties. On Line 3, Minnesota is failing its duty.

Photo: Ron Turney, EIN

The Treaty People Gathering, June 5-8, garnered extensive media coverage, notably the June 7 actions taken to stop construction of the Enbridge Line 3 tar sands pipeline through northern Minnesota.

The media covered the political pressure placed on President Joe Biden to live up to his campaign promises to address climate change and respect Tribal sovereignty. It covered water protectors chaining themselves to Enbridge equipment and the subsequent arrests of approximately 200 people. It covered speeches by important movement leaders and celebrities such as Winona LaDuke, Tara Houska and Jane Fonda.

Most stories made a passing reference to treaty rights, but failed to give the topice much ink. It’s not something that fits easily into a two-paragraph summary or a 30-second video clip.

The problem is that many non-Indigenous people erroneously view treaty rights as a gift from the United State government to Indigenous Nations. Treaty rights are a binding contract between two parties, each with their own rights and responsibilities.

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