Gov. Tim Walz issued an executive order in 2019 committing the state and its various departments to “meaningful and timely consultation” with Native Nations on issues of mutual concern. So what did the Minnesota Pollution Control Agency’s (MPCA’s) “meaningful consultation” look like around Enbridge Line 3? Second in a two-part series.
The Minnesota Pollution Control Agency (MPCA) failed to engage Native Nations in “meaningful consultation” around the Enbridge Line 3 pipeline’s Water Quality Permit, according to documents obtained through the state’s Data Practices Act.
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.
Michael Fairbanks, chairman of the White Earth Band of Ojibwe, has written Gov. Tim Walz reminding him of his promise of “meaningful consultation” with Native Nations, and urging him to intervene on a key Enbridge Line 3 crude oil pipeline permit. In the wake of the Covid-19 outbreak, he’s asking Walz to direct the Minnesota Pollution Control Agency (MPCA) to deny Line 3’s water quality permit, allowing Enbridge to refile after the health crisis passes. This would allow time for meaningful engagement.
It’s the latest example of efforts to stop environmentally damaging projects that are moving forward while much of the country is being required to stay at home. Continue reading →