DULUTH 鈥� The Minnesota Court of Appeals denied a request late Tuesday, Feb. 2, by two northern Minnesota Indigenous tribes to pause key permits for Enbridge鈥檚 Line 3 oil pipeline project currently under construction across the state.
In , the Red Lake Band of Chippewa Indians and White Earth Band of Ojibwe argued the was "an abuse of discretion" and asked the court to review that decision and grant its motion to stay the project's certificate of need and route permit.
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Margaret Levin, state director of the Sierra Club North Star Chapter, called the decision not to halt construction of the Line 3 replacement as 鈥渂itterly disappointing.鈥�
鈥淚ndigenous leaders, organizers, landowners and allies have stood on the front lines for years to fight this pipeline, which would disrupt Minnesota communities, pollute our water, and harm our climate,鈥� Levin said. 鈥淣ow more than ever, it鈥檚 up the Biden administration to cancel this project once and for all.鈥�
In a statement, Enbridge spokesperson Juli Kellner said: 鈥淲e鈥檙e pleased with the decision from the Court of Appeals, but not surprised. The Minnesota Public Utilities Commission review of the Line 3 Replacement Project was thorough and exhaustive from the environmental impact statement to the certificate of need and route permit. This is an essential maintenance and safety project that enhances environmental protections.鈥�
The Court of Appeals is currently considering several cases challenging the project. Opponents of the pipeline have said the permits should be on hold until the court cases are resolved and the COVID-19 pandemic subsides.
Without a stay, the tribes argued, the construction on the project will be finished before those courts can make a decision, rendering any decision moot.
The court ruled that the Public Utilities Commission 鈥渄id not abuse its discretion by failing to identify the substantial-issues factor as one of the relevant factors for determining whether to issue a stay in this case鈥� and therefore the Court of Appeals expressed no opinion on the merits of the issues raised in the appeal denying the stay of construction requested by the tribes.
On Dec. 4, the Public Utilities Commission ultimately decided, in a 4-1 vote, to let the project proceed unhindered, saying that a stay would deal a blow to workers contracted for it while allowing the existing pipeline to deteriorate.
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Other legal challenges facing the project filed by environmental groups and tribes include a lawsuit against the Minnesota Pollution Control Agency's 鈥� a permit awarded by a state's regulators if the project's impact on water falls within the state's standard 鈥� and arguing the U.S. Army Corps of Engineers' did not consider several environmental impacts.
