With all the Enbridge work in the wetlands behind our home, we’ve been concerned about how our many relatives have been affected.
We watched as the trees were clearcut with speed.
We witnessed the lumber matting thudding into place to create a road behind our home closer than the road in front of our home.
We watched as the dozers ran over the land cutting the scrub remaining from the slaughter and the grabbers snatched up the dead, piling them into giant brush piles to burn and pollute the air.
We listened to the fires crackling in the woods for hours, filling the Mississippi River Valley, and the scenic drive along County 2 from US Highway 2 to Itasca State Park, with smoke.
Now we wait. To hear the frogs return. To listen to the sandhills breeding in the water-rich land.
More than just the Enbridge destruction of recent weeks is affecting whether or not we’ll hear sandhills return to our swamp.
This time of year, the yard is typically full of water with our little man-made pondlet overflowing into the yard. The melting of winter usually disappears our little pond into a lakelet that has remained in recent years until May or June.
This year, the small plastic pond liner is the only thing holding any water. Looks like severe drought is in order as we watch ditches, usually flowing steady, trickle by along the county road out front… another product of the changing climate, in large part brought by the fossil fuel industry that Enbridge serves.
So quiet in the swamp.
We did hear a few sandhills flying over in the last week, but the throng we typically hear has not yet populated our backyard wetlands. We’ve heard nothing of the peepers. All I can think is that the dozers crushed them all in their hibernation.
Time will tell if we’ve gone too far to save ourselves.
Do we not realize… if the birds and insects disappear, eventually we will too?
How long can we keep up the charade of living as if reciprocity to the land is something with which we need not concern ourselves?
Have we actually bypassed all our opportunities to save the planet on which we reside… for our own long-term habitation?
What will the pandemic, and emerging drought, bring for the humans of the USA in 2021?
We watch as the rich gather up their stock market returns of 60-70%, remembering days when an 8% ROI was a good thing. We wonder how they can feel happy about money made in a system of so much corruption.
Meanwhile, homeless encampments – the only option for many who are now over year from their last paying job – are overrun with bulldozers as police remove the unwanted residents. Similar to how we eradicated the mosquitoes, mice, beaver, fox, wolf… who interfered with OUR management of the land?
How soon until that revolution I’ve been predicting for decades becomes a reality? How soon until so many feel they have no option but to process through their frustration and overwhelm with suicide? Or homicide?
As mass shootings continue… and people mindlessly travel without considering COVID risks… and many hope for the world to “go back to normal”, I believe we will never again go back to where we were before 2020.
And I wonder if we will continue to spiral down the drain to our own extinction… or if we will find many and myriad small communities gathering to help each other as we weather this largest storm we’ve ever seen coming at us.
I hope for love to win. For us to come together and feed, clothe, protect those not provided as much in our unequal system of sharing of the resources we have. For those who win most to realize this doesn’t bring happiness… when so many suffer for our winning. For all of us to find the goal of our common happiness and security as the most worthy of them all.
While it may be naive… I believe voting still matters. But the rest of this… let’s get going!
Well, I missed my regular Monday blog post day by a couple… as it’s been a whirlwind of a week! [This is only the second miss as I recall… the first was planned, for a Tommy visit, in the early days of blogging… and I want to keep it to a minimum, so I’m counting this as an approved Birthday Delay in posting!!]
So many blessings… and World Water Day coinciding with my birthday! Surprising Serendipity!!
Cards from many and over 100 FB wishes as I recall. {Big thanks for the money, Momma!}
Many donations to my Friends of the Headwaters fundraiser. In case you missed it… you can still donate here.
A beautiful soft shawl to add to my Melodee Collection! [I’m wearing it in the webinar photo below.]
Helpful neighbors and friends bring success in getting a mile+ of No Parking signs at the Mississippi River Valley removed so I can continue to pray at the River without feeling unsafe. And so tourists too can stop and take a photo with the Mighty Mississippi where she’s still narrow and quick! Hurry, before Enbridge rushes to drill under her… more on that at the end. 😉
A Gathering of Spirits, A Festival of Friends at the Mississippi River Valley a week before… [SO GOOD to see some LOVELY FRIENDS! ~35-50 folks showed up!]
Puppets!! Ma’iigan for Dawn… Mukwa and a Jingle Dress dancer too! What a fun blessing.
And… another gathering on my birthday as well! [EVEN MORE FRIENDS!! I’d guess ~200 – with about 75 remaining to sing me Happy Birthday!! WOW – what an overwhelming surprise… The love of this movement never ceases to amaze me.]
And… a Drum Song and Circle Dance for my birthday!!! {Oh, the love… and the lessons in humility. Big thanks to Angel Stevens for capturing the song for me!! :D}
An Honor Treaties Webinar with Dale Greene, Jr., Bob Shimek, and Martin Case speaking. A powerful learning, once again, this time on Kinship with the Land and Honoring Treaty Responsibilities.
A successful tamale casserole recipe made an easy dinner. [Basically, a can of meat (optional), can of pinto beans, can of diced tomatoes with chilis, then smooth cornbread mix (with an extra egg & can of cream corn added) over the top, bake, and enjoy!]
Some fun images for the annual celebration of another successful trip around the sun… and hopes for some fun and love on the next one…
And the fun continues… so thrilled to get a fun shout out from Smart Mark Agee of The Evening Skews (with Trae Crowder). [Love those guys.]
And thrilled to hear what seems like some judges who had done their homework on the Line 3 Challenges in the MN Court of Appeals. [The key is reading the dissent from PUC Commissioner Matt Scheurger, as he laid it out pretty succinctly (Pages D1-11). Here’s a lovely video from seekjoy on the last big public hearing at the PUC… with love going to Commissioner Matt (2:20 of the 2-2:30 coverage marking his courage)] The submitted briefs appear to have been well read as good questions ensued indicating Enbridge had perhaps NOT provided a Demand forecast for their project (as required by law)… and instead gave only a fantasy SUPPLY forecast for the PUC to consider. Sure hoping we see a reversal of the PUC’s Line 3 Certificate of Need order – as it was given capriciously and without proper consideration of Minnesota law. (IMHO)
Hoping you all have a blessed year as well.
Chi-Miigwech Miinawaa, Indinawemaa Odinawemaaganan! {I’m learning… and believe this translates to… Big Thanks, again, to All my Relatives! Chi-Miigwech to Naabek who is teaching me. You can join us… every Wednesday… That’s TONIGHT! 7PM Passcode: 054633 Bring your emikwaanensan! :D}
Scientists say that Tar Sands need to stay in the ground.
So how did Minnesota end up approving Enbridge to build a Tar Sands pipeline… as the oil industry is massively divesting from and abandoning Tar Sands assets? Science for the People issued a video giving us part of the story. In it, you can see the process and the deceptions that led to an illegal and erroneous approval of a tar sands pipeline through some of Minnesota’s best remaining waters.
Key to the Enbridge spin, though kept largely under wraps in their narrative until quite recently, is their deceptive misrepresentation of a 2017 Federal Consent Decree made between Enbridge and the US Government.
While Enbridge has purported that the Decree REQUIRED them to DECOMMISSION their current Line 3 and BUILD a New Line 3… it’s not quite that simple.
We ordered Enbridge to SEEK a replacement for Line 3, not that permits be given. State Agencies must still conduct all reviews and follow applicable regulations. We’ve implemented some restrictions to the current Line 3 and additional requirements should Enbridge fail to secure said permits.”
This blog gives a bit more of a high level explanation on how things went wrong regarding understandings of the Consent Decree and also a deep dive into the Decree for those more curious to get into the weeds.
Here’s the basics if you want the cliff notes version:
The Consent Decree is an agreement crafted, over a half dozen years, by and between Enbridge and the U.S. Government (on behalf of the EPA and the Coast Guard who protect our environment and waters) to allow Enbridge’s continued operation of pipelines after a couple BIG, QUICK failures (6/25/10 near Marshall, Michigan and two months later, near Romeoville, Illinois).
The agreement literally says: “Enbridge shall replace… Line 3… provided that Enbridge receives all necessary approvals to do so.” The problem? Enbridge convinced Minnesota officials and regulators, media and citizens, with a campaign that “Obama required Line 3 be replaced.” No matter what. Implying approvals were required. [Did no one find it ironic that a company whose pipelines were found to be inadequate would use THAT FAILURE as an excuse for another opportunity to… fail with a NEW pipeline?]
If the Courts rule the approvals were not legal, as challenged by many parties against multiple Minnesota Agencies and Commissions, all the current Line 3 construction would be illegal as well. The parties arguing against the project include the Minnesota Department of Commerce, which has alleged for years that there is no Need for the project. Cases begin arguments next week.
Bottom line: While the Decree required Enbridge to seek replacement Line 3, it added provisions should approval for replacement NOT HAPPEN, including increased inspections, maintenance, and training, along with other actions to prevent recurring failures of Enbridge’s “Lakehead System”. Enbridge seems anxious for those requirements to go away with a New Line 3... as they RUSH to build through Northern Minnesota before the courts can rule.
Now let’s deep dive…
[As some of the below is for thoroughness, if you seek specifics on the Line 3 replacement details, click here to skip ahead. For an even deeper dive, click here for a less abridged version of this blog post. For more on why the USACE should have DENIED the 404 permit, click here.]
You’ve seen it in comments on FB posts, heard it from the PUC as their justification for approving the project, and seen this idea in news reports… that the Federal Consent Decree “ordered” Enbridge to replace an “unsafe” Line 3.
Enbridge Energy said Biden’s decision on Keystone will have no impact on Line 3 or a similar Line 5 project in Michigan. Unlike the Keystone project, lines 3 and 5 are currently operating, the company said, and the Line 3 replacement was ordered by a consent decree during Obama’s administration.”
Kellner added that the project was ordered by consent decree during the Obama administration, and has passed every test during six years of regulatory and environmental reviews.”
“We owe it to future generations, to the Indigenous communities we’ve signed treaties with, and to every living being on this planet to stop building fossil fuel infrastructure,” Omar tweeted during the day. …
Enbridge Energy spokeswoman Juli Kellner told the Pioneer on Sunday that the projects differ as, “unlike Keystone XL, Line 3 is a currently operating pipeline and its replacement was ordered by a federal consent decree during the Obama Administration.”
And now even U.S. District Court Judge Colleen Kollar-Kotelly seems to be confused by it… mentioning it in her ruling for the Tribes request for a 404 Injunction on the Line 3 project:
Overall, the Court finds the balance of harms and public interest considerations to be a close call. Plaintiffs offer numerous examples of potential environmental harms stemming from the Project’s construction. But the Corps presents persuasive evidence that delaying construction—and in doing so, continuing to rely on Existing Line 3 which Enbridge is required to decommission pursuant to its Consent Decree—also causes ongoing environmental harm and safety risks. And, as noted above, the Court cannot ignore the potential financial losses and harmful economic effects on the local community if construction on the Project were to be delayed. Taking into account all these considerations, the Court finds that Plaintiffs have not definitely tipped the scale in their favor.”
Civil Action No. 20-3817 (CKK) Judge’s ruling seems to assume legality of the permit seeking process… erroneously. (my emphasis)
The Judge failed to grasp that the Consent Decree ALSO allowed for additional safety measures while that process unfolded, to assure safety, which is legally in the hands of Enbridge and PHMSA (Pipeline and Hazardous Materials Safety Administration). Enbridge testified that Line 3 was capable of running safely indefinitely IF a “replacement” were not approved. Judge Kollar-Kotelly fails to see her own circular argument, continuing the Enbridge spin for a “replacement” pipeline to simply be handed to them.
The judge seemingly failed to grasp that the challenge was to the illegalities of the Army Corps’ permitting process itself.
So what is the truth? Did the Obama administration’s Consent Decree Order the Replacement of Line 3? The answer is complex. And that’s how Enbridge has apparently successfully deceived the State of Minnesota.
Minnesota Media has become beholden to the Enbridge half-page ads that provide revenue as they drink their messaging kool-aid, rarely investigating (or even asking the opposition parties really) on the bigger questions. I’m not sure why else they have remained so silent throughout this process… rarely sharing the scientific facts while consistently promoting the Enbridge narrative. And limiting – for years now – the voices of Minnesota citizens themselves, showing that most of us oppose this project.
So let’s start with the basics. What is a Consent Decree?
A consent decree is an agreement or settlement that resolves a dispute between two parties without admission of guilt (in a criminal case) or liability (in a civil case), and most often refers to such a type of settlement in the United States.
Consent Decree – Wikipedia [Because here in the US we are quick to assure that rich, guilty people (or in this case, a Canadian corporation – same thing if you ask the US Supreme Court…) don’t get tarred with the dirtiness of their acts? While we still get some bit of compensation for them? It’s like a game: You’re guilty but we’re gonna pretend you’re not if you just make some promised amends going forward!]
First, filed on behalf of the United States Environmental Protection Agency (EPA) and United States Coast Guard (USCG), it sets as Plaintiff the United States of America and the Defendants as a list of nine Enbridge parties. (Mostly LLCs created for a variety of reasons… generally to avoid financial consequences or burdens that result from not creating additional LLC middlemen.)
The complaint alleges that Defendants own and operate the Enbridge Mainline System – one of the world’s largest pipeline systems with more than 3,000 miles of pipeline corridors in the United States and Canada. The complaint asserts claims against Enbridge under the Clean Water Act Sections 309, which grants Federal Enforcement Authority, and 311 (along with other statutes and regulations):
CWA § 311(c)(2) authorizes the President (delegated to EPA for discharges in the inland zone, as defined in the NCP), to direct all Federal, State, and private action to remove a discharge or to mitigate or prevent a substantial threat of discharge of oil or a hazardous substance that is a substantial threat to the public health or welfare of the United States. This authority includes responding to discharges or a substantial threat of discharges from a vessel, offshore facility, or onshore facility.
Because of Enbridge’s 2010 unlawful discharges of oil from two Lakehead system pipelines. The first was from a rupture on Line 6B near Marshall, Michigan on July 25, 2010 which over two days repeatedly discharged harmful quantities of oil to the navigable waters of the United States, including Talmadge Creek and the Kalamazoo river and adjoining shorelines. The second spill, occurring two months later, when Enbridge’s Line 6A developed a large leak near Romeoville, Illinois discharging harmful quantities of oil to navigable waters of the United States, including an unnamed tributary to the Des Plaines River, and adjoining shorelines.
While the Consent Decree notes some Enbridge actions, subsequent to the 2010 spills, it’s concerning that much of this work wasn’t done at Enbridge’s discretion but only after PHMSA corrective action orders, in some cases, after additional spills. For example, in 2012, after a third oil transmission pipeline known as Line 14 on the Lakehead System ruptured in a pasture near Grand March, Wisconsin [FFS, Enbridge!?!], PHMSA ordered Enbridge to implement various remedial measures, including hydrostatic testing of the pipeline. This testing is mandatory for new pipelines – to test where ruptures might occur at unrepaired or undiscovered features – with additional checks at the discretion of the company… unless ordered by the Pipeline and Hazardous Materials Safety Administration to do so, as in this case.
In the half-dozen years it took the agreement to be drafted, Enbridge also implemented spill response training recommended by U.S. Federal Emergency Management Agency (FEMA) to improve coordination between the company and government emergency responders. [Only after their current practices were found to fail on a massive scale in Michigan and Illinois.] And Enbridge conducted outreach to the public so they can better recognize warning signs of leaks, potential hazards, and the location of Enbridge pipelines, along with methods of notifying Enbridge of a leak. [As was clear in the 2010 Kalamazoo spill, the response team on the Enbridge end didn’t ‘believe’ it was a real leak after it was reported, resulting in a surge of oil being pushed… instead of the pipeline being shut down. Maybe next time the now “trained” public will be believed?]
Resolution of the Complaint is noted to be made by – in addition to civil penalties paid by Enbridge and reimbursement of the US relating to Line 6B discharges – the measures set forth in Section VII of this Decree.
So what exactly does the Consent Decree say about Line 3?
“The obligations of this Consent Decree apply to and are binding upon the United States, and upon Enbridge and any successors, assigns, or other entities or persons otherwise bound by law. … No transfer of ownership or operation … shall relieve Enbridge of its obligations to ensure that the terms of this Decree are implemented.” Enbridge shall require that third-parties and contractors flow down these same requirements to subcontractors.
Here is the specific language on Line 3 Replacement.
Did you catch that key phrase? This one: “provided that Enbridge receives all necessary approvals to do so.”
This is really the crux of the matter, as the PUC and others in Minnesota government have seemingly been persuaded by Enbridge to believe, the US Government “ordered” the replacement of Line 3.
While those words are not untrue in a legal sense, they are not the entire story, and Enbridge has used this to deceive.
In fact, the United States ordered Enbridge to “seek all approvals necessary for the replacement of Original US Line 3″. They were also ordered to “provide approval authorities with complete and adequate information needed to support such approvals.” However, Enbridge was less than forthcoming with information provided to authorities – including a failure to accurately account for their current pipeline capacities (both planned and already implemented expansions in capacity, thus deceptively influencing need) and Environmental Impact Statement information, which was gleaned of significant factors that would have provided reasons for DENIAL.
The Consent Decree SETTLEMENT cannot be used as rationalization for the pipeline approvals as that would imply that the Federal Government has jurisdiction and authority over the State of Minnesota that it DOES NOT.
And if the Consent Decree is the REASON used for approvals, then we can see the circular certainty of Enbridge’s approvals. That appears to be exactly what has happened.
While Enbridge worked on getting said approvals, there remain further restrictions called out in the Decree. “Until decommissioning, … Enbridge shall limit the operating pressure in each segment of Original US Line 3.”
And what if they don’t secure approvals for a replacement pipeline? The Feds have an answer for that too!
If Enbridge has not taken all portions of Original US Line 3 out of service by December 31, 2017, Enbridge shall comply with the additional requirements set forth below:
1. On an annual basis with the exception of the final year of service for the Original US Line 3, Enbridge shall complete valid ILIs of all portions of Original US Line 3 that Enbridge continues to operate, using the most appropriate tools for detecting, charactering (sic), and sizing all of the following: Crack Features, Corrosion Features, and Geometric Features;
2. Enbridge shall identify, excavate and mitigate or repair all Features Requiring Excavation detected in the ILIs required pursuant to Subparagraph 22.d.(1), in accordance with the requirements of Subsection VII.D; and
3. Enbridge shall clean all portions of Original US Line 3 that Enbridge continues to operate and shall use biocide treatments to reduce microbiological activity on a quarterly basis.
Meanwhile… and likely BECAUSE of the Federal Consent Decree Section VII, which added inspection requirements for Enbridge’s current Line 3 pipeline: Line 3 has spilled only 66 gallons in the last dozen years! Well under 2 barrels!! Are we really willing to risk destruction of so much valuable natural infrastructure to get better than that – less than 2 barrels in over a decade?
{So, Old Line 3 is trending well… As is Enbridge’s responsibility for safety? Thanks, Consent Decree!}
In fact, the current Line 3 may very well be out-performing new pipelines because it is operating under a Consent Decree from the United States government, which requires Enbridge to fully inspect every inch of their Original Line 3each year – inspection only required every five years for new pipelines. Original Line 3 is the devil we KNOW. Intimately. Enbridge knows every inch of that pipeline and gets to know it better – as well ashow it is changing over time – as they perform the thorough annual inspections mandated under the Federal Consent Decree.
We continue to await a response on the injunction request from the Friends of the Headwaters Challenge to the U.S. Army Corps of Engineers 404 Permit approval process. Meanwhile, as new pipelines spill more frequently than old, it’s hard to comprehend how a New Line 3 – with 5X less required inspection than current Line 3, and a RUSHED installation process – will protect Minnesotans from a spill.
PHMSA Spill Data shows that, for pipelines, NEWER does NOT mean SAFER.
So how on Earth did Minnesota end up approving Enbridge to build a Tar Sands pipeline… as the oil industry is massively divesting from and abandoning Tar Sands assets? Science for the People issued a video giving us part of the story. In it, you can see the process and the deceptions that led to an illegal and erroneous approval of a tar sands pipeline through some of Minnesota’s best remaining waters.
Key to the Enbridge spin, though kept largely under wraps until more recently, is their misrepresentation of a 2017 Federal Consent Decree made between Enbridge and the US Government. While Enbridge purports that the Decree REQUIRED them to DECOMMISSION their current Line 3 and BUILD a New Line 3… it’s not quite that simple.
We ordered Enbridge to SEEK a replacement for Line 3, not that permits be given. State Agencies must still conduct all reviews and follow applicable regulations. We’ve implemented some restrictions to the current Line 3 and additional requirements should Enbridge fail to secure said permits.”
This blog gives a bit more of a high level explanation on how things went wrong regarding understandings of the Consent Decree and also a deep dive into the Decree for those more curious to get into the weeds.
Here’s the basics if you want the cliff notes version:
The Consent Decree is a settlement agreement crafted, over a half dozen years, by and between Enbridge and the U.S. Government (on behalf of the EPA and the Coast Guard who protect our environment and waters) to allow Enbridge’s continued operation of pipelines after a couple BIG, QUICK failures (6/25/10 near Marshall, Michigan and two months later, near Romeoville, Illinois).
The agreement literally says: “Enbridge shall replace… Line 3… provided that Enbridge receives all necessary approvals to do so.” The problem? Enbridge convinced Minnesota officials and regulators, media and citizens, with a campaign that this “required Line 3 be replaced.” No matter what. Implying approvals were required. [Did no one find it ironic that a company whose pipelines were found to be inadequate would use THAT FAILURE as an excuse for another opportunity to… fail with a NEW pipeline?]
If the Courts rule the approvals were not legal, as challenged by many parties against multiple Minnesota Agencies and Commissions, all the current Line 3 construction would be illegal as well. The parties arguing against the project include the Minnesota Department of Commerce, which has alleged for years that there is no Need for the project. Cases begin arguments next week.
Bottom line: While the Decree required Enbridge to seek replacement Line 3, it added provisions should approval for replacement NOT HAPPEN, including increased inspections, maintenance, and training, along with other actions to prevent recurring failures of Enbridge’s “Lakehead System”. Enbridge seems anxious for those requirements to go away with a New Line 3.
Now let’s deep dive…
You’ve seen it in comments on FB posts, heard it from the PUC as their justification for approving the project, and seen this idea in news reports… that the Federal Consent Decree “ordered” Enbridge to replace an “unsafe” Line 3.
Enbridge Energy said Biden’s decision on Keystone will have no impact on Line 3 or a similar Line 5 project in Michigan. Unlike the Keystone project, lines 3 and 5 are currently operating, the company said, and the Line 3 replacement was ordered by a consent decree during Obama’s administration.”
Enbridge says the work is necessary for safety reasons, and the company also notes the project passed six years’ worth of permit and regulatory reviews, including dozens of public comment meetings and an Obama-era consent decree.”
Kellner added that the project was ordered by consent decree during the Obama administration, and has passed every test during six years of regulatory and environmental reviews.”
“We owe it to future generations, to the Indigenous communities we’ve signed treaties with, and to every living being on this planet to stop building fossil fuel infrastructure,” Omar tweeted during the day. …
Enbridge Energy spokeswoman Juli Kellner told the Pioneer on Sunday that the projects differ as, “unlike Keystone XL, Line 3 is a currently operating pipeline and its replacement was ordered by a federal consent decree during the Obama Administration.”
And now even U.S. District Court Judge Colleen Kollar-Kotelly seems to be confused by it mentioning it in her ruling for the Tribes request for a 404 Injunction on the Line 3 project.
Overall, the Court finds the balance of harms and public interest considerations to be a close call. Plaintiffs offer numerous examples of potential environmental harms stemming from the Project’s construction. But the Corps presents persuasive evidence that delaying construction—and in doing so, continuing to rely on Existing Line 3 which Enbridge is required to decommission pursuant to its Consent Decree—also causes ongoing environmental harm and safety risks. And, as noted above, the Court cannot ignore the potential financial losses and harmful economic effects on the local community if construction on the Project were to be delayed. Taking into account all these considerations, the Court finds that Plaintiffs have not definitely tipped the scale in their favor.”
Civil Action No. 20-3817 (CKK) Ruling assumes legality of the permit seeking… (my emphasis) She fails to grasp that the Consent Decree ALSO allows for additional safety measures while that process is unfolding to assure safety, which is really in the hands of Enbridge and PHMSA (Pipeline and Hazardous Materials Safety Administration). And Enbridge testified that Line 3 was capable of running safely IF a “replacement” were not approved. She fails to see her circular argument, continuing the Enbridge spin for a “replacement” pipeline to simply be handed to them. The judge seemingly failed to grasp that the challenge was to the illegalities of the Army Corps’ permitting process itself.
So what is the truth? Did the Obama administration’s Consent Decree Order the Replacement of Line 3? The answer is complex. And that’s how Enbridge has apparently successfully deceived the State of Minnesota.
It seems clear to me that Minnesota Media has become beholden to the Enbridge half-page ads that provide revenue as they drink their messaging kool-aid, rarely investigating (or even asking the opposition parties really) on the bigger questions. Not sure why else they would have remained so silent throughout this process… rarely sharing the scientific facts and promoting the Enbridge narrative. And limiting – for years now – the voices of Minnesota citizens themselves, showing that most of us oppose this project.
So let’s start with the basics. What is a Consent Decree?
A consent decree is an agreement or settlement that resolves a dispute between two parties without admission of guilt (in a criminal case) or liability (in a civil case), and most often refers to such a type of settlement in the United States.
Consent Decree – Wikipedia [Because here in the US we are quick to assure that rich, guilty people (or in this case, a Canadian corporation – same thing if you ask the US Supreme Court…) don’t get tarred with the dirtiness of their acts? While we still get some bit of compensation for them? It’s like a game: You’re guilty but we’re gonna pretend you’re not if you just make some promised amends going forward!]
First, filed on behalf of the United States Environmental Protection Agency (EPA) and United States Coast Guard (USCG), it sets as Plaintiff the United States of America and the Defendants as a list of nine Enbridge parties (LLCs created for a variety of reasons… mostly, I believe, to avoid financial consequences or burdens that result from not creating additional LLCs). The complaint alleges that Defendants own and operate the Enbridge Mainline System – one of the world’s largest pipeline systems with more than 3,000 miles of pipeline corridors in the United States and Canada. The complaint asserts claims against Enbridge under the Clean Water Act Sections 309, which grants Federal Enforcement Authority, and 311 (along with other statutes and regulations):
CWA § 311(c)(2) authorizes the President (delegated to EPA for discharges in the inland zone, as defined in the NCP), to direct all Federal, State, and private action to remove a discharge or to mitigate or prevent a substantial threat of discharge of oil or a hazardous substance that is a substantial threat to the public health or welfare of the United States. This authority includes responding to discharges or a substantial threat of discharges from a vessel, offshore facility, or onshore facility.
Why the complaint, you might ask? [As a general FYI, much of the below is for thoroughness. You who seek specifics on the Line 3 replacement details can skip to Section Heading: So what exactly does the Consent Decree say about Line 3? for quickest read.]
Because of Enbridge’s 2010 unlawful discharges of oil from two Lakehead system pipelines. The first was from a rupture on Line 6B near Marshall, Michigan on July 25, 2010 which over two days repeatedly discharged harmful quantities of oil to the navigable waters of the United States, including Talmadge Creek and the Kalamazoo river and adjoining shorelines. The second spill, occurring two months later, when Enbridge’s Line 6A developed a large leak near Romeoville, Illinois discharging harmful quantities of oil to navigable waters of the United States, including an unnamed tributary to the Des Plaines River, and adjoining shorelines.
The decree goes on to provide details of the failures, the cleanup efforts, and references to previous natural resources damages (see Background paragraph h in the Consent Decree). Details include costs associated with restoration work and monitoring requirements, along with other settlements.
On a side note: The National Transportation Safety Board determined that the probable cause of the Line 6A Discharges was erosion caused by water jet impingement from a leaking 6-inch diameter water pipe located 6 inches below the Line 6A pipe and that interruption of the cathodic protection currents by the close proximity of the improperly installed water pipe contributed to the discharges. While Enbridge did not own or operate the water pipe, the “NTSB did not issue any safety recommendations to Enbridge or any other entity concerning the Line 6A Discharges.” Gee, wonder how problems keep happening? FFS.
The Consent Decree notes that subsequent to the 2010 spills, Enbridge took several actions [skip if too weedy for your tastes… or read just my emphasized comments bold, bracketed and/or italicized?]:
Pursuant to a corrective action order issued by the Pipeline and Hazardous Materials Safety Administration (PHMSA), Enbridge developed and implemented the “Lakehead Plan” outlining specific actions and timelines for safety improvements to specified pipelines within the Lakehead System, including procedures for ongoing inspection, replacement, and testing of Enbridge’s lines.
Enbridge, rather than repairing Line 6B, replaced the pipeline which had been operating for 43 years. In 2014, Enbridge completed construction of a 285-mile pipeline (“New Line 6B”) to replace the entirety of original Line 6B, thereafter ceasing operations of Original 6B and removing remaining oil from it. [Kind of like they plan to abandon current Line 3? Clear out oil but leave pipe in place?]
Enbridge expanded and improved upon its use of in-line inspection (ILI) for maintaining the Lakehead System pipelines. These are the “pig” tools which identify and size flaws like cracks or corrosion that require excavation and repair. As of 9/2014, Enbridge had completed 180 ILI runs since 2010 with 5,700 associated excavations.
In 2012, after a third oil transmission pipeline known as Line 14 on the Lakehead System ruptured in a pasture near Grand March, Wisconsin [FFS, Enbridge!?!], PHMSA ordered Enbridge to implement various remedial measures, including hydrostatic testing of the pipeline. This testing is mandatory for new pipelines to test where ruptures might occur at unrepaired or undiscovered features. 196 miles of Line 14 were tested in 2012 without a leak or rupture. In accordance with another PHMSA corrective action order, [does Enbridge require PHMSA to order ALL their inspections???] Enbridge also used testing to confirm integrity on 326 miles of Lakehead System Line 2 in 2015.
Enbridge spent $50M since 2010 spills to improve equipment, training, and overall response for spill events on the Lakehead System. In September 2015, Enbridge, EPA and USCG, along with state and local officials, conducted a full-scale exercise to test plans to respond to a spill in the Straits of Mackinac. Enbridge also revised Integrated Contingency Plans (ICPs) for emergency response which were approved by PHMSA and developed Tactical Response plans for specific areas within the Lakehead System, including the Straits of Mackinac. Enbridge also implemented spill response training recommended by U.S. Federal Emergency Management Agency (FEMA) to improve coordination between the company and government emergency responders. Enbridge also purchased additional emergency response equipment including trailers, boats, portable dam systems, tanks, boom, skimmers, and rig mats. Enbridge also reorganized its emergency management department to improve planning and response capabilities, hiring 20 additional staff that included four Emergency Response Coordinators in its U.S. operations. [Uh, good idea, as they failed so miserably!] They also formed an internal Emergency Response Advisory Team that meets quarterly to ensure emergency preparedness and planning. Enbridge also conducted outreach to the public so they can better recognize warning signs of leaks, potential hazards, and the location of Enbridge pipelines, along with methods of notifying Enbridge of a leak. [As was clear in the 2010 Kalamazoo spill, the response team on the Enbridge end didn’t ‘believe’ it was a real leak after it was reported, resulting in a surge of oil being pushed… instead of the pipeline being shut down.] Also pursuant to another Corrective Action Order by PHMSA, Enbridge installed 55 new remotely controlled valves to reduce potential impacts of spills on certain water crossings. Enbridge also created a role of VP, Enterprise Safety and Operational Reliability and two new committees (Operations and Integrity Committee and Safety Reliability Committee) which include senior executive participation. Finally, Enbridge established a Pipeline Control department with increased staffing dedicated to leak detection, including on-shift personnel dedicated to technical support for pipeline operators and aiding in analysis of leak detection systems. [Maybe now they can figure out that when the public reports a leak, it might BE a leak, and not simply resort to BLOWING out the pipeline in an attempt to dislodge a jam?]
While these corrections are all great, it’s concerning that much of this work wasn’t done at Enbridge’s discretion but only after PHMSA corrective action orders and several major spills. [FFS.]
There is evidence that Enbridge itself seems to grasp the potential dangers as they have, as a part of their final work in the Pipeline Control department, also implemented additional training requirements for operators, such as:
pipeline hydraulics
column separation analysis
incident investigation
emergency response
fatigue management (not sure if this is operator fatigue or metal fatigue)
leak detection
And they now require “semi-annual control room personnel team training that includes a focus on allowing operators to recognize and respond to unexpected conditions that may arise on the Enbridge system, including leaks alarms from the SCADA or MBS systems.” There is also specific mention of actions regarding the Straits of Mackinac:
“regular inspections using ILIs , divers, and remotely-operated vehicles to confirm integrity of Line 5 in the Straits”
increased “frequency of inspections and pipeline repairs above and beyond what is otherwise required by law” and
“partnering with Michigan Technological University to develop new technology that will aid in inspecting the line.”
Resolution of the Complaint is noted to be made by (in addition to civil penalties paid by Enbridge and reimbursement of the US relating to Line 6B discharges) the measures set forth in Section VII of this Decree.
So… what is Decreed in Section VII?
“The obligations of this Consent Decree apply to and are binding upon the United States, and upon Enbridge and any successors, assigns, or other entities or persons otherwise bound by law. … No transfer of ownership or operation … shall relieve Enbridge of its obligations to ensure that the terms of this Decree are implemented.” Enbridge shall require that third-parties and contractors flow down these same requirements to subcontractors.
Injunctive Measures – Section VII of the Consent Decree
We’ll return momentarily to Section B Replacement of Line 3 (pages 25-28), our main concern. [Sorry, it’s a customary process to hold the best bits until the end, eh? Though I did give you that short bullet point version so, no whining, right?!?]
First a bit on the Consent Decree as a whole. NOTE: “Except as specifically provided in this Consent Decree, requirements of this Section VII shall apply to all of the Lakehead System.”
Section A of the Injunctive Measures, Original US Line 6B, notes that Enbridge is “permanently enjoined from operating or allowing anyone else to operate Original US Line 6B for the purposes of transporting oil, gas, diluent, or any hazardous substance.” The meat of the Consent Decree consists of details regarding Hydrostatic Pressure Testing (Section C pages 28-30), inspections and dig requirement details (Section D pages 30-74), and 5 pages dedicated in Section E to the Measures to Prevent Spills in the the Straits of Mackinac. [This and other requirements are the reason for five subsequent modifications to the Consent Decree to report details and changes, none of which affect Section VII B.]
Section F discusses Data Integration (pages 80-83) and Section G the Leak Detection and Control Room Operations details (pages 83-110), with Section G III detailing “Requirements for New Lakehead Pipelines and Replacement Segments” that calls out specific equipment required to mitigate spill prevention.
Section H discusses Spill Response and Preparedness (pages 110-124) and Section I, New Remotely Controlled Valves (on Lines 5, 6A, and 14; pages 124-125). Section J details the Independent Third Party Consent Decree Compliance Verification ordered (pages 126-136).
So what exactly does the Consent Decree say about Line 3?
Did you catch that key phrase… “provided that Enbridge receives all necessary approvals to do so.”
This is really the crux of the matter, as the PUC and others in Minnesota government have seemingly been persuaded by Enbridge to believe, the US Government “ordered” the replacement of Line 3.
While those words are not untrue, they are not the entire story.
In fact, the United States has ordered Enbridge to “seek all approvals necessary for the replacement of Original US Line 3″. They were ordered to “provide approval authorities with complete and adequate information needed to support such approvals.” However, we can show that Enbridge has been less than forthcoming with their information provided to authorities – including pipeline capacity expansions and EIS information that was gleaned of significant factors that would have provided reason for DENIAL.
[If you go to the letter of the law, does that mean they only were to provide information to SUPPORT the approvals, and not to DENY the approvals? Is that how Enbridge justified their inaccuracies provided to State agencies and commissions? Maybe that is the insane legal authority Enbridge is claiming? Does any reasonable person see that as reasonable? This shit gets deep sometimes, y’all.] Keep in mind though…
The ORDER cannot be used as rationalization for the pipeline approvals as that would imply that the Federal Government has jurisdiction and authority over the State of Minnesota that it DOES NOT.
And if the Consent Decree is the REASON for approvals, then we can see the circular certainty of Enbridge’s approvals. That appears to be exactly what has happened.
While Enbridge worked on getting said approvals, there remain some further restrictions. “Until decommissioning, … Enbridge shall limit the operating pressure in each segment of Original US Line 3.”
And what if they don’t secure approvals for a replacement pipeline? The Feds have an answer for that too!
If Enbridge has not taken all portions of Original US Line 3 out of service by December 31, 2017, Enbridge shall comply with the additional requirements set forth below:
1. On an annual basis with the exception of the final year of service for the Original US Line 3, Enbridge shall complete valid ILIs of all portions of Original US Line 3 that Enbridge continues to operate, using the most appropriate tools for detecting, charactering (sic), and sizing all of the following: Crack Features, Corrosion Features, and Geometric Features;
2. Enbridge shall identify, excavate and mitigate or repair all Features Requiring Excavation detected in the ILIs required pursuant to Subparagraph 22.d.(1), in accordance with the requirements of Subsection VII.D; and
3. Enbridge shall clean all portions of Original US Line 3 that Enbridge continues to operate and shall use biocide treatments to reduce microbiological activity on a quarterly basis.
“Meanwhile… and likely BECAUSE of the Federal Consent Decree Section VII which added inspection requirements for Enbridge’s current Line 3 pipeline:
Line 3 has spilled only 66 gallons in the last dozen years! Well under 2 barrels!! Are we really willing to risk destruction of so much valuable natural infrastructure to get better than that – less than 2 barrels in over a decade?
{So, Old Line 3 is trending well… And is Enbridge’s responsibility for safety… Thanks, Consent Decree!}
In fact, the current Line 3 may very well be out-performing new pipelines because it is operating under a Consent Decree from the United States government, which requires Enbridge to fully inspect every inch of their Original Line 3each year – inspection only required every five years for new pipelines. Original Line 3 is the devil we KNOW. Intimately. Enbridge knows every inch of that pipeline and gets to know it better – as well ashow it is changing over time – as they perform the thorough annual inspections mandated under the Federal Consent Decree.
P.S. BIG Thanks to all who helped make this blog possible. My ever-patient and helpful husband Dan for reading and re-reading blogs each week, Friends who gave input and ideas and helped with my understanding (you all know who you are…), and a special thanks to Shannon Peterson for trudging through the draft version and making a WAY Better end product and FB post.
For those who may not be aware, I do a daily FB update on the Covid situation here in northern Minnesota along the Enbridge Tar Sands pipeline project proposed corridor.
In case you missed it… February had a closure of the Thief River Fall’s Walmart for Valentine’s Day weekend because they couldn’t staff the store… even with support from other locations.
At that time, MPR reported: “There’s been an uptick in cases in northwestern Minnesota recently, though it’s unclear why just yet. All other regions of the state have been seeing cases decline.” [2/16/21]
You can see how their coverage changed over time… with little concern or investigation…
On February 16th, warning of “Something worth watching”
Letting us know again on the 17th there’s an uptick…
And then apparently changing their minds by the 18th and removing the graphic entirely.
While the graphic did re-appear in their coverage, no further news until the 27th, when it was noted Dan Huff of Minnesota Department of Health (MDH) sharing “concern”.
Two day’s later, concerns disappear and then, as MPR again dropped any level of concern for NW MN from their reporting yesterday… On the same day…MDH noted the area as a COVID-19 hotspot!
~ MPR Misses the boat on investigating what would become our current COVID-19 hotspot 2/16/21 to 3/7/21 Timeline
For days, this MPR notice went uninvestigated. In my daily COVID updates, I noted the unmasked Enbridge workers throughout the project corridor, the WalMart closure, the upticks in cases… and Pennington County went unaddressed. Tagging the MDH got me nowhere. Emailing the MDH got no direct meaningful response, and certainly not engagement.
Now, a few weeks later, we see an even more critical sounding situation and I continue to wonder…
Pennington County – 5X the rate of Minnesota at large, 6X the rate of Hennepin County – JHU CRC
Will SOMEONE in the Minnesota State Government POSSIBLY CONSIDER that it might be a result of Enbridge Pipeliners from all over the country? Will ANYONE???
You know, those guys who swing home for a quick weekend if they can get an extra day off to see the kids… and bring back to Minnesota whatever is going on in Texas, or Oklahoma, or North Dakota, Covid-wise? Maybe?
Maybe that holiday trip is what caused this spike for the last month?
Enbridge Coviding our Communities?
Will anything be done? As Enbridge races across our state in hopes to install a pipeline before the Courts can determine that, in fact, there is NO NEED FOR A TAR SANDS PIPELINE.
Let’s suppose, for sake of argument, that it isn’t pipeliners spreading COVID-19. With Tar Sands being described – even in industry news – on a DAILY NOW, as “stranded assets”, we see Shell and Exxon divesting these assets from their books. Climate science dictates these oil sands resources cannot be extracted… at least, not if we want to keep humanity living on this third rock from the sun. This alone is reason enough to halt construction – at least until the court cases can be heard.
The Line 3 Relocation and Expansion Tar Sands Pipeline is NOT an ESSENTIAL project during a Pandemic!
While Covid feels to many to be less of a concern every day as we hear of increasing vaccination levels, there is still so much we do not yet know.
What level of protection is offered by each vaccine? {We know none are boasting 100% protection.}
How long does the immunity from each vaccine last? {When will one need a booster shot to re-immunize?}
How will complacency among the vaccinated affect community spread?
OK, so you can see there are still lots of questions…
As we’re already seeing upticks in many counties along Enbridge’s proposed Line 3 corridor.
Counties like Norman and Polk saw early but seemingly controlled spikes. Of late, larger spikes in places where typically very few cases are seen is bringing more concern. Counties like Roseau, Red Lake, and Marshall have also seen jumps. Becker and Beltrami have seen spikes. And Clearwater County already had National Guard in late last year, when staffing was unable to keep up at the Cornerstone Rehabilitation and Nursing Home in Bagley.
With few still comprehending the dangers of this steadily mutating virus, let’s hope we see a stop to this fossil fool madness… and soon. #StopLine3
As humans race with track-hoes to pretend they can keep doing what they’ve always done… And the world floods and burns and withers from drought.
As engines beep in movement all around me, building a pipeline for the dirtiest of crude – Tar Sands… it’s hard to pretend we have any notion of saving ourselves.
As we cut down the very beings that provide us oxygen to breathe.
As many grow excited for schools to open… ready to go back to a “normal” economy… [Normal? Are we psychopaths? Apparently so.] … we see the numbers in cases and infections beginning to surge again.
We watch millions focus on dollars and economics… giving not a thought to the water, trees, plants, and bees that make everyday life possible. Will we soon realize how dependent we have become on systems that do not support life but instead bring death?
The fossil fuel industry is taking itself out… as the climate chaos we saw in Texas – and throughout the middle of the country – was a result of the burning we’ve done for centuries now.
And for decades now – longer for those selling the fossil fuels – while we knew exactly what they were delivering… we did nearly nothing? Simply burning fossil fuels faster and faster?
How will our children forgive us? Or rather, will they?
In addition to the fuels and plastics, the oil industry brings death and extinction for life of all kinds. And now – are we realizing… that “life” is ours?
As loads of freight remain in place, unmovable with no electricity to fill tanks with gas, ratios of loads to drivers go to astronomical figures… Indy shoots from 7 loads per driver to 37… while in Cincy reefer trucks, normally around the mid-30s, report their status as not available… with over 200 loads and zero drivers to move them. Watch those store shelves as we “catch up” from the backlog caused by the polar vortex we created?
Or will we get to watch as production lines slow… because there is no shipment of already done freight… and before you can make more, you need to move out what you have?
And will we again have loads of milks and potatoes dumped and buried as we have no way to move food in the massive system we’ve created… so un-localized and heavily reliant on fuels?
Can many of us foresee how much worse 2021 will be in comparison to 2020? Even with the vaccinations… and the talk of environmental justice… and green paths going forward… from the all-hands-on-deck portrayed administration that is calming and encouraging so many?
The new managers don’t calm us. Not those of us who’ve seen that already [!!!] we’re headed for 5-6° warming… with 1.5° being a dream scenario that we lost in decades past.
It’s been 875 days since the IPCC 1.5° report was issued giving us a dozen years. And I heard this past week that the UN is now giving us 10 months to get it together? Anyone noticed the Atlantic Meridional Overturning Circulation (AMOC) slowing? Faster than many can predict? [Well, than many are realizing… The scientists always have someone quietly saying, “You might want to consider this…”]
As we watch a Tar Sands pipeline project proceed across the state of Minnesota… just outside the living room window.
As if we can all just… Go back to “normal”.
The worst of the 1918 Spanish Flu were the deaths in the Spring of 1920. Does this still await?
While some caw about vaccines, we also watch as these quick-whip cures kill with cytokine storm jump starts via injection. I see why some aren’t ready… even if they aren’t on the list… of those who can get the magic elixers.
Every day, we watch… as it seems we lose ground… sacrificing the trees and wetlands of Northern Minnesota… to a Canadian corporation treating this place like it’s their colony.
Bought and paid for agencies beholden to their regulatory captors got us into this mess. Will they have the courage to save us? If not, will the courts?
If not, we will simply keep trudging toward extinction… like the elephants seeking water in African deserts… or polar bears seeking another ice island on which to take a breather?
Or will we be running from the flood as it wipes our house away?
There were a whole host of other debacles this past week that have left me feeling beaten down. Hopeless in moments, disturbed in others, darkly sad and alone in many others. When it rains, it pours. So, overall, a pretty rough time.
It’s been a hard couple months but I haven’t felt so much like just walking away from it all in a while. Trouble is, how does one walk away from accountability to the land, the trees, the water, the animals? I truly don’t think we’ve got much chance remaining to really save ourselves as a species. Though I focus on helping and not harming as much as possible these days, in hopes of leaving more for those who remain after us. Some weeks are more successful than others.
Perhaps one of the most heartbreaking pieces of the puzzle of dismay in the last week, was the sinking of a piece of Enbridge equipment in the LaSalle Creek Aquatic Management Area just south of us. We got word from a friend who’d seen the iNewzTV coverage. I was concerned about the person, in fact, so concerned that I’m surprised he was treated and released, one bit of good news in the last week. I was telling a friend Sunday, some things are so horrific, you are better off not recovering. Based on the reporting, it seemed this might be one of those cases. It reminded me of a friend I had who survived an explosion with pretty severe burns over a large portion of her body. She spoke of not wanting to survive. Dan too speaks to his own struggles in surviving his burns. While the physical pain was the driver in the beginning, in a society where trauma is not acknowledged and superficial beauty is so valued, pain is not the only concern as time passes. Some of those scars can last a lifetime.
Nonetheless, a bigger piece of my sad this week is for the beavers who were affected by this equipment failure. The pipeliner was trapped in the equipment and could not be freed. [Um, OSHA anyone? Perhaps some quick release latch on the plexiglass enclosures for emergency submerging situations? FFS has no one ever thought of this before?]
According to a report from iNewz.TV, the vehicle’s shatterproof plexiglass windows made it difficult for workers to free the victim, forcing them to break a nearby beaver dam in order to lower the water level inside the cab.”
No mention in the coverage on how the beavers fared. And what was the effect on the surrounding environment? Was the Minnesota Pollution Control Agency or Department of Natural Resources on site to monitor the releases of oil into the water? Assure proper containment? We will see. My guess is no, based on how little they’ve done to protect Nature and how much they’ve done to accommodate industry in the years I’ve been civicly involved in Minnesota. And what I heard at the MPCA Rule Change meeting Thursday.
Dan and I went to see what we could document and found what appeared to be further work on trying to remove the equipment – at least that was our assessment.
A few years back a neighbor blew a beaver dam. I was shocked. It was early winter as I recall – snow on the ground. Those beavers were left homeless – or dead? – in a time when it would be harsh conditions to find new housing. As I said, perhaps some things are better off not surviving. And here again, we hear no plea for the beavers. No concern for their situation? Perhaps this is why we find ourselves in this mess.
Another Water Protector emailed her own dismay this weekend saying, “Sometimes I wish all the animals could rise up and defend themselves. All at once!” I replied:
I too wish the animals could defend against us. We’re too powerful and destructive. And they are not. That’s not how they live. Or how we should… Regardless of how things go, we can be very proud of stopping so much of the Tar Sands these past half dozen years. That in itself has helped postpone the end of our species. Perhaps giving enough of us time to awaken, get serious, and listen to the Animals, Plant Nation, Nibi, and Aki. These are the things that give me hope.
I will close with big thanks to all the lovely Water Protectors who have come to my aid this week in the struggle. We rely on each other in these times of darkness and I appreciate all who have given me support, strength, love, care, and hope. You help keep me sane as I make sense of all that is happening. And thanks also to all the others who brought me love, laughs, or perspective. And those who also are doing good… always an encouragement. I have some cards to make and send…
While I had another idea for the blog this week, with all the news around the changing of administrations here in the U.S., I felt a general update was more in order. So, here’s what’s happening from my perspective.
Enbridge continues to build their Tar Sands Pipeline in Northern Minnesota – while many in the state continue to be largely unaware that it’s happening. Or that it’s happening SO QUICKLY. I spoke with a local familiar with previous pipeline projects who noted that the SPEED of this project is “breakneck… much faster than when Koch was installing their pipeline”. What could go wrong? Stuff like this. And this:
Pipe truck carrying three pipeline segments speeding into Bagley as Enbridge rushes to gain a new corridor.
On January 21st, we discovered Access Road 38B at the first of two proposed crossings of the Mississippi River. This is in the LaSalle Valley, which is depicted below in “Figure 15” with the proposed LaSalle Creek crossing.
While work at the second crossing is far more destructive thus far, it sure was horrible to see this as we’ve been happy to have quiet mostly since the State of Minnesota illegally approved this pipeline for construction.
Photo submitted as part of a federal court filing seeking an injunction against Line 3 construction. Photo by Alexander Aman. Interpretation by Laura Triplett. From Healing MN Stories 1/23/21
The game is now one of waiting and watching. And what are we seeing? So many stories. I will keep it to a brief few.
DNR began enforcing an area, at the second proposed Mississippi River crossing by this abominable project, initially in response to people being in the area expressing their first amendment rights. This sign was soon put up to create a Exclusion Zone – apparently by Enbridge, creating a No Trespassing Zone and gobbling up public space… which is illegal.
This zone DOUBLES the easement for Enbridge making it illegal for any “normal people” to get close enough to see what is going on and complain. Enbridge created a buffer zone against public scrutiny.
LATER the DNR sticker appeared on the sign. and LATER still “ENBRIDGE ENERGY LLC” was whited out.
We are also hearing of vehicles being hooked up to tow trucks WHILE PEOPLE ARE STILL INSIDE THEM. No notice, just… We’re gonna take you and your car away! WTF!?!?
And at an early gathering, Water Protectors dispersed after a warning by Aitkin County Sheriff Department. Some time later, and without a second dispersal order, DNR began rounding people up in the area, taking them to Aitkin County Jail where multiple problems were reported by Healing Minnesota Stories.
There are MANY and MORE DISTURBING stories to tell. And do you see Minnesota media covering these incidents? More on that at the end of the blog.
Meanwhile, the ugly face of the Minnesota Nice Deep North comes in the form of Representative Stauber in Washington, D.C. giving example of the audacity of white supremacy in a memo to his colleagues:
“(Y)our opposition to the first and only American Indian ever nominated to a cabinet position is likely to reverberate across Indian country,” said the letter to Stauber signed by Melanie Benjamin, Cathy Chavers, Robert F. Deschampe, Kevin R. Dupuis Sr., and Faron Jackson Sr. — tribal chairs representing, respectively, the Mille Lacs Band of Ojibwe, Bois Forte Band of Chippewa, Grand Portage Band of Lake Superior Chippewa, Fond du Lac Band of Lake Superior Chippewa and Leech Lake Band of Ojibwe.
“Most concerning is that you did not consult with us as the sovereign federally recognized tribal governments in your district in advance of initiating this effort that has such a direct impact on us as your American Indian constituents,” the letter added.
The U.S. Department of the Interior oversees management and conservation of most federal lands and natural resources.
A separate letter from the Midwest Alliance of Sovereign Tribes, based in Wisconsin, referred to Stauber’s efforts as “unprecedented,” and “a direct affront” to Indian Country. The alliance worked hard to advance Haaland’s nomination, it said, and asked Stauber to “step back” from leading the campaign against Haaland. It referenced Stauber’s position on the House Committee on Natural Resources.
“We are unaccustomed to any member of Congress serving in a leadership position on a committee or subcommittee with jurisdiction over Indian tribes taking such a public role in leading an attack that diametrically opposes the wishes of nearly all of Indian country,” it wrote.”
Well, Fuck Pete Stauber and his racist white supremacy agenda. Here’s hope for maybe saving the planet’s ability to maintain a habitat safe for humans? It sure looks and sounds like Biden is promising to do his best to make it so. Let’s hope that Haaland is appointed and… we have some good news already:
WASHINGTON, Jan. 25, 2021 — The U.S. Department of Agriculture today announced the appointment of Heather Dawn Thompson as Director of the Office of Tribal Relations (OTR) reporting to the Secretary of Agriculture. Thompson is a member of the Cheyenne River Sioux Tribe, a Harvard Law School graduate, and an expert in American Indian law, tribal sovereignty, and rural tribal economic development. With Thompson in place, USDA will return OTR directly under the Secretary, restoring the office’s important government-to-government role.
Meanwhile, Joe’s already starting to reverse the horrors of the last 4 years. Looks like his Executive Order on the Climate Crisis notes that the “heads of all agencies shall immediately review all existing regulations, orders, guidance documents, policies, and any other similar agency actions” that are inconsistent with Biden’s policy “to listen to the science; to improve public health and protect our environment; to ensure access to clean air and water; to limit exposure to dangerous chemicals and pesticides; to hold polluters accountable, including those who disproportionately harm communities of color and low-income communities; to reduce greenhouse gas emissions; to bolster resilience to the impacts of climate change; to restore and expand our national treasures and monuments; and to prioritize both environmental justice and the creation of the well-paying union jobs necessary to deliver on these goals. ” This work will be done using the “best science” thus protecting the “integrity of the Federal decision-making”.
Within 30 days of the date of this order, heads of agencies shall submit to the Director of the Office of Management and Budget (OMB) a preliminary list of any actions being considered … that would be completed by December 31, 2021, and that would be subject to OMB review. Within 90 days of the date of this order, heads of agencies shall submit to the Director of OMB an updated list of any actions being considered … that would be completed by December 31, 2025, and that would be subject to OMB review.
… (d) The Attorney General may, as appropriate and consistent with applicable law, provide notice of this order and any actions taken … to any court with jurisdiction over pending litigation related to those agency actions identified … and may, in his discretion, request that the court stay or otherwise dispose of litigation, or seek other appropriate relief consistent with this order, until the completion of the processes described in this order.
(e) In carrying out the actions directed in this section, heads of agencies shall seek input from the public and stakeholders, including State local, Tribal, and territorial officials, scientists, labor unions, environmental advocates, and environmental justice organizations.”
And… looks like Big Oil continues to suffer losses.
The International Energy Agency on Tuesday cut its 2021 global oil demand forecast, citing soaring Covid-19 cases and renewed lockdown measures that will further limit mobility.”
Meanwhile, CBS Sunday Morning aired a piece on white middle-class climate refugees. Everyone can perhaps relate to the family from Paradise as each of us faces more potential for a climate disaster happening to us.
Sunday evening, the PBS Newshour spent most of their program on the TRUTH OF THE DANGERS of the Fossil Fuel industry. May Boeve from 350.org (6:20) gave REALLY good coverage of how Line 3 and DAPL are the SAME as KXL. You may recognize the “equivalent to 50 coal plant” reference – same as Line 3! Giving good credit to the Natives who started this work on KXL, and noting the alliance of folks across the board with that pipeline, just like we’re seeing here in Minnesota as more and more gather along the route to protest this bad idea. [10:40 is the focus on Line 3.] Governor Tim Walz is gonna have a hard time as Joe and his own state reps turn against his ongoing collusion with Enbridge to give them a new pipeline corridor through our lovely Indian country.
Later in the episode, it looks like Shell and BP are the places to buy gas? They pushed back on 45’s deregulation… [as they are DOING the improvements already? So those de-regs would favor the losers who weren’t? Thus boosting the part of the industry that is doing the LEAST for reducing GHG emissions.] Listen as the President of Shell gets honest. When Ari presses, Gretchen Watkins maintains. Great close for that show too – on the effect of the pandemic on a family.
“The reason the commission doesn’t authorize construction in the absence in a permit is that it makes no sense to enable a developer to begin digging up land and laying down the pipe when it may be that the subsequent permit is never obtained or it may be that the route of the project has to change because of the conditions associated with the subsequent permit,” Glick said.
Glick has been consistent on that point, but he was joined in opposing Mountain Valley’s request by a commissioner who was sworn in last month, Allison Clements. The commission’s newest member, Mark C. Christie, abstained from voting.”
Let’s hope they feel that not-yet-recognized Treaty Rights are as important… in issuing an Injunction on the Line 3 project for the 404 Permit.
I want to close with a bit of a teaser. We got some really good insights today that may indicate we have an advantage over Enbridge in preventing their project from its most dangerous work. I will likely say more about this next week… or in an upcoming EMERGENCY Blog. For now, please keep hope. I know this is hard work and patience is wearing thin as we watch the destruction in our midst.
You know, I always wondered how Hilter happened and after 45, I can see how. I had also always wondered how the Homestead Strike was allowed to happen.
But that was in an era before we could all communicate immediately and widely.
Now it seems DNR, Aitkin County Sheriff Dan Guida, and his Deputies have allowed themselves to become Enbridge’s “Pinkerton” forces. Media has been used in this case as well with most Minnesota papers so beholden to Enbridge half-page ads that they cannot even bring themselves to go outside Enbridge terminology. They refer to this pipeline as a replacement. But this is NOT a RE-PLACEment – indicating in the SAME PLACE – but a RELOCATION of a pipeline. The goal is to secure a new corridor as the Leech Lake leases expire in just 8 years. And they have 6 pipelines to remove by then…
It seems like everything is slower than normal… or faster than normal, depending on who you are. Perhaps.
If you’re a retired engineer in the north woods, awaiting some special news, time drags like an eternity, regardless of how much you do.
Days end as you talk with a friend realizing hazily that it seems two days have passed since this morning, when you happened down to the river to pray and ran into that surprise.
Days seem to have 48 hours instead of 24. And yet, so little seems to get done.
All talk. No sense of any progress. 24/7 “news” cycles crowing together in a cacophony of chaos.
Perhaps it’s those currently overwhelmed for whom time seems to race? As one tends vent tubes, receives new patients, swabs noses, or transports victims of our newest plague, perhaps the time seems to flash by as the end of the day arrives before one is aware… though grief persists around all the lost hours missed with children and lovers.
It feels a prayer for the world is in order in each moment.
Yet we are the gods creating each day here on Mother Earth. We are the ones managing the planet’s infrastructure now, as humans have become their own sort of plague upon the planet… some spewing excessive carbon for glorious lives of ease… while others toil for pennies, hoping to have enough to eat each evening.
It seems us children have gone a bit too far with Mother these days. She’s hotter than ever about our obstinance – our commitment to fashion and fast, our desires for more. In our haste, we’ve seemed to have bypassed all the tipping points She tried to provide as warnings.
The arctic waters no longer cool and the forests are burning with abandon, while floods wipe away dreams and beings perish at ever increasing rates. In the last year humans have reckoned our pending demise as the pandemic dead pile and require disposal. For those who care to heed the signs, evidence is clear. Losing a “9/11” of American victims each day seems enough, does it not, to make it clear?
So what of those who will not see? Those in denial? Is it truly all of us?
What is to be done when many among us fail to consider their fellow man? Those who fly about, not considering the tremendous impacts personal actions have for all others? Those who blast through the fast food bag, throwing it out the window as they speed to work, where they will earn only enough to afford that cheap substitute for nourishment? Those who piss into potable water as many around the world struggle to find clean water to drink? Will this be the fate of us all as we poison our surroundings to assure we can keep living faster? Giving back far too little in reciprocity to the Mother keeping us alive each day?
What of those so afraid of their loss of perceived power that they’ve allowed their secret plans for insurrection to become real… and revealed? Will we ever truly know the truth of what has transpired in our government, our agencies, our law enforcement ranks, as the power of money has trumped the power of compassion for our fellows? Will we ever find our ways forward to a place of peace?
Time will tell. She always does.
Thanks to BrainPickings for these fine graphic additions today.
