Walker Brook shows we still don’t know the extent of Enbridge Line 3’s construction damage

Waadookawaad Amikwag is working to find out

Screen grab from a Waadookawaad Amikwag 2022 video. The wood-plank road allowed Enbridge to bring heavy equipment into a wetland.

Enbridge work crews officially finished building the new Line 3 tar sands pipeline across northern Minnesota in late September, 2021. The last section completed ran through the Walker Brook valley, a forested peat bog in Clearwater County.

Less than a year later, work crews returned to Walker Brook to fix problems created by this ill-considered and poorly permitted project.

State regulators haven’t talked about problems at Walker Brook publicly. Members of the public don’t know how many other Line 3/93 construction damage sites exist that they haven’t been told about. (Regulators don’t talk about them until they have been investigated and, if appropriate, levied fines, which leaves the public in the dark for long periods of time.)

I wouldn’t have known about the problems at Walker Brook but for friends who volunteer with a group called Waadookawaad Amikwag (Anishinaabemowin for Those who help beaver). They coordinate with drone pilots who monitor the Line 3/93 corridor looking for potential trouble spots. When problem areas are identified, volunteers go in on foot for a first-hand look.

On a recent Sunday, I joined my friends in what they call a “ground truthing” of the Walker Brook site.

New details emerge on Enbridge’s escrow account that paid police to crack down on Line 3 resistance

The Enbridge Line 3 Public Safety Escrow Account reimbursed Minnesota law enforcement agencies $12,500 for handcuffs and zip ties to detain Water Protectors resisting Line 3.

It paid $120,000 for a public safety liaison who worked for a year and a half to coordinate among Enbridge, local officials, and the Minnesota Public Utilities Commission (PUC).

It funded the equivalent of more than 10 percent of the Cass County Sheriff’s Office’s budget in 2021.

These are among the new details in the remarkable story Documents show how a pipeline company paid Minnesota millions to police protests, published jointly by Grist and the Center for Media and Democracy.

Court to hear challenge to biased policing of water protectors during Line 3 construction

Corrections: An earlier version of this post misidentified Winona LaDuke’s attorney. She is being represented by Frank Bibeau and Claire Glenn. It also failed to list all of the open cases against LaDuke, which have been added.

One of the hallmarks of this country’s democratic experiment is our aspiration for an impartial justice system, so it’s inexplicable how Minnesota leaders deployed law enforcement against water protectors who opposed the Enbridge Line 3 tar sands pipeline in the manner that they did.

The problem started with the Minnesota Public Utilities Commission (PUC), but other leaders remained silent.

The PUC approved a scheme allowing Enbridge — a multi-billion dollar, multi-national Canadian company — to fund state and local law enforcement agencies to monitor and police water protectors who opposed the pipeline.

The PUC created a Public Safety Escrow Account. Enbridge funded it. Law enforcement agencies submitted bills for their Line 3-related expenses.

It created bias in the justice system, giving law enforcement financial incentives to focus on, and go after, water protectors.

The scheme finally is getting challenged in court.

Judge dismisses charges against five of the ‘Shell River Seven’ who opposed Line 3

Honor the Earth envisions Line 3 exhibit in Park Rapids

Shell River Seven standoff

A District Court judge in Wadena County Monday dismissed gross misdemeanor charges against five of the “Shell River Seven” who peacefully tried to protect the Shell River and Anishinaabe treaty rights against the construction of the Enbridge Line 3 tar sands pipeline.

“Criminalizing and over-charging protestors is a common tactic used by the State to scare activists and suppress movements,” Claire Glenn, an attorney for two of the defendants, said in a media release. “The criminalization of the Shell River defendants was no exception, and this dismissal is a powerful victory for water protectors.”

Volunteers spotlight more groundwater problems apparently created during Line 3 pipeline construction

State environmental watchdogs are investigating, but not releasing any details

Video screen grab showing construction matting at Walker Brook.

This a corrected version of an earlier blog. The original version incorrectly said the DNR and MPCA made a joint statement about the Walker Brook situation. This post includes their separate statements. The previous post has been taken down. I regret the error.

More environmental damage is coming to light from construction of the Enbridge Line 3 tar sands pipeline, and its due to citizen volunteers.

The group Waadookawaad Amikwag (Anishinaabe for “Those Who Help Beaver”) has been monitoring the construction corridor for unreported environmental damage out of concern that state regulators weren’t paying attention to it.

Waadookawaad Amikwag released a video this week of what they say is a fourth cold underground water breach, this one where Line 3 crosses Walker Brook South in Clearwater County.

The DNR denies that there is an aquifer breach, suggesting it is “an upwelling of shallow groundwater resources that has complicated site restoration.”

(The DNR’s statement is silent on the connection between Line 3 construction and the upwelling of shallow groundwater or how much groundwater has upwelled.)

This comes on top of three Line 3 aquifer breaches we already know about: Clearbrook, LaSalle Creek, and Fond du Lac.

All this environmental damage falls disproportionately on the Anishinaabe (Chippewa and Ojibwe) nations in northern Minnesota. In approving Line 3’s Certificate of Need, the Minnesota Public Utilities Commission “expressed serious concern with the Project’s impacts to indigenous populations, acknowledging that the Project would traverse ceded territories where Minnesota’s Ojibwe and Chippewa tribes hold … hunting, fishing, and gathering rights.”

How a Pennsylvania pipeline highlights Minnesota’s regulatory failings

Minnesota prides itself as being a state that cares about protecting the environment. Lax state permitting and oversight of the construction of Enbridge’s Line 3 tar sands pipeline shattered that self image.

Minnesota citizens are missing key information about Line 3 construction damage, the kind of information used by the Pennsylvania Attorney General’s Office to get convictions against Energy Transfer for environmental crimes while building its Mariner East 2 and Revolution natural gas pipelines.

When it comes to Enbridge Line 3, the scales of justice are badly out of balance

Scrappy environmental and racial justice advocates rely on social media to get the word out about their work. Such was the case with water protectors organizing against the Enbridge Line 3 tar sands pipeline.

At the same time, law enforcement increasingly tracks the social media accounts of indi­vidu­als and organ­iz­a­tions doing advocacy work. “This poses risks to privacy and free expres­sion, increases disproportionate surveil­lance of communit­ies of color, and can lead to arrests of people on the basis of misin­ter­preted posts and asso­ci­ations,” the Brennan Center for Justice said.

The Rally for the Rivers event held in the winter of 2021 is a Minnesota case study in law enforcement’s social media tracking. It’s also a jumping off point to look at the disparate treatment of water protectors opposed to Line 3 now facing criminal charges compared to the state’s weak response to Enbridge’s environmental damage.

Final payout from the Enbridge Line 3 Public Safety Escrow Account: $8.5 million

The controversial Enbridge Line 3 Public Safety Escrow account paid out more than $8.5 million, most of it to law enforcement to provide protection and what amounts to private security for its pipeline. That number is up from the nearly $7.2 million we reported in March.

A hard look at the State of MN’s commitment to ‘meaningful consultation’ with Native Nations

Gov. Tim Walz and Lt. Gov. Peggy Flanagan failed miserably to live up to the spirit of their pledge of “meaningful consultation” with Native Nations. Examples include the state’s approval of Enbridge Line 3, MinnTac mine’s ongoing wild-rice-damaging pollution, the proposed Huber Lumber mill, and other environmental issues.

All state agencies are required to have tribal consultation policies on file with the Governor’s Office. Healing Minnesota Stories obtained copies through a Data Practices Act request.

The “meaningful consultation’ agencies provide don’t include any accountability or enforcement measures. Agencies aren’t transparent on how Tribal consultation affects their decisions.

A state law passed last year could strengthen the practice of “meaningful consultation.” Only time will tell.

Disparities in information access around Line 3 helps Enbridge, harms the public

Partnership for Civil Justice Fund seeks information on the ties between Enbridge, sheriff’s offices

Government transparency is critical to make the engine of democracy work. If we don’t know how and why the government makes decisions, we can’t make informed choices.

In the case of the Enbridge Line 3 pipeline, a greedy corporation and weak state regulators have scapegoated Native American water protectors and their allies as lawbreakers. Enbridge’s Line 3 construction has done more harm than the front-line activists, yet the company doesn’t face nearly the public scrutiny or penalties.

Information is power. What information is publicly available — or not available — shapes public opinion.

Law enforcement agencies put water protectors under the microscope and closely monitored their activities while state regulators allowed Enbridge to operate in the dark.

This imbalance in scrutiny is built into our public institutions’ structures.