PUC Discusses Protests After Line 3 Vote, Police Response and Sex Trafficking

Day Four of the Minnesota Public Utilities Commission (PUC) deliberations on Enbridge Line 3 included concerns about  possible civil disobedience after the vote, how law enforcement should respond, and plans to mitigate the sex trafficking and drug problems that can follow these large construction projects. Continue reading

Eroding Public Trust, PUC Staff Has Police Evict Sierra Club, MN 350 Staff from Line 3 Hearing without Justification

Minnesota Public Utilities Commission (PUC) staff had police evict staff from the Sierra Club and MN 350 from Enbridge Line 3 hearings Tuesday — without giving them any advanced warning of problems. The actions were arbitrary, overzealous, and one sided. Continue reading

Structural Bias in PUC Review Process of Line 3 Favors Enbridge

Part II of a series looking at Ojibwe Band responses to Administrative Law Judge Ann O’Reilly’s report and recommendations on the Enbridge Line 3 tar sands pipeline. [Note: Ojibwe and Chippewa are both colonial names for the Anishinaabe. They are used in this story because of their use as official band names.]

The current Line 3 is blue, the proposed reroute is in red. Light green shaded area reflects the “ceded lands” where bands retain rights to hunt, fish and gather.

Federal Indian law and the interpretation of treaties is complicated business; it requires specialized legal training. Ojibwe bands in northern Minnesota are pushing back on how Administrative Law Judge Ann O’Reilly interpreted treaty law in her report on the Enbridge Line 3 crude oil pipeline, submitted to the Minnesota Public Utilties Commission (PUC).

Some of her interpretations don’t conform with court decisions, Ojibwe bands say.

At issue are Ojibwe treaty rights to hunt, fish and gather in northern Minnesota. In the legal world, these are called “usufructuary rights.” The dispute is over whether Ojibwe bands retained these hunting and fishing rights on lands they ceded by treaty to the U.S. government.

O’Reilly’s effort to interpret treaty law is flawed, and it reflects a major flaw in the Line 3 review process. First, according to her official state profile, O’Reilly doesn’t appear to have Indian law expertise. This is not a knock on O’Reilly; it’s a knock on a system that wasn’t set up to look out for treaty rights. Second, the system pushes resolution of treaty rights disputes to the end of the legal process instead of making them the priority and putting them at the beginning.

The process could just as easily have defended Ojibwe treaty rights and forced Enbridge to overcome that presumption in court before its application process even started.

It’s reasonable to ask why treaty rights issues didn’t receive more attention at the start of the process. The federal Indian Trust responsibility is a U.S. obligation “to protect tribal treaty rights,” according to the U.S. Department of Indian Affairs.

At this point, it’s not happening.

Continue reading