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?
‘This would be the first law to recognize the legal rights of a plant species‘
The White Earth Band of Ojibwe and the 1855 Treaty Authority are taking action to address the growing threats to native wild rice, such as potential crude oil pipeline spills or the spread of genetically modified wild rice. They are establishing new laws and claiming treaty rights to protect their culture and sacred food.
The 1855 Treaty Alliance was established to protect the treaty rights of Leech Lake, Mille Lacs, White Earth, East Lake and Sandy Lake bands. The Alliance covers those lands the Anishinaabe ceded as part of their 1855 Treaty with the United States. (Among those treaty rights, bands claim the right to hunt, fish and gather — including harvesting wild rice — on ceded lands.)
Recently the White Earth Band of Ojibwe and the 1855 Treaty Alliance adopted Rights of Manoomn for on and off reservation protection of wild rice and the clean, fresh water resources and habitats in which it thrives. The Rights of Manoomin were adopted because “it has become necessary to provide a legal basis to protect wild rice and fresh water resources as part of our primary treaty foods for future generations” …
The Minnesota Public Utilities Commission (PUC) is scheduled to vote on the Enbridge Line 3 environmental impact statement (EIS) Thursday, Dec. 7, starting at 9:30 a.m. at its regular meeting space in Metro Square, 121 7th Place East, Suite 350, St. Paul.
The public will not have an opportunity to speak, but public presence sends a message to the PUC that people are watching.
To recap: Enbridge’s existing Line 3 is old and failing; Enbridge wants to abandon it in the ground. (Bad idea.) It has proposed a new and larger pipeline along a new route through northern Minnesota. It threatens the Mississippi headwaters, lakes, rivers and wild rice areas. It violates the interests of Ojibwe people who have reserved treaty rights to hunt, fish and gather along lands crossed by the pipeline.
The EIS decision is one of several key Line 3 votes. Should the PUC find the EIS “inadequate” it would not kill the project, but would likely delay it. The EIS would need further work. (A project delay would also cost Enbridge money.) Even if the PUC approves the EIS, the PUC still needs to vote on Line 3’s Certificate of Need and Route Plan. Those votes are not expected until April.
The EIS has been criticized by indigenous and environmental groups. The Minnesota Chippewa Tribe, in cooperation with six Chippewa bands and Honor the Earth, has released its own draft environmental impact statement, called the Tribal Cumulative Impact Statement.
Here is the PUC’s Dec. 7 agenda:
1. Should the Commission find that the Final Environmental Impact Statement is Adequate?
2. Should the Commission adopt the administrative law judge’s Findings of Fact, Conclusions of Law, and Recommendation?
3. Whether the data identified as Trade Secret in Appendix F and Appendix I of Enbridge Energy, Limited Partnership’s Certificate of Need Application for the Proposed Line 3 Replacement Project is public under the Minnesota Government Data Practices Act.
The Minnesota Chippewa Tribe is stepping up its efforts to stop Enbridge Line 3, a proposed reroute and expansion of an oil pipeline running through northern Minnesota, from Kittson County in the northwest corner to Duluth/Superior.
We wrote last week about Enbridge’s Line 3 plans (read here). The project has raised concerns about leaks that could contaminate fresh water and wild rice areas. The Minnesota Chippewa Tribe plans to develop its own environmental impact statement (EIS) as a “supplement and counterpoint” to the EIS being developed by the State of Minnesota.
Honor the Earth is calling it “The People’s EIS,” and is raising money to help move it forward. Continue reading →