In the MATTER OF the Application of ENBRIDGE ENERGY, LIMITED PARTNERSHIP, for a Certificate of Need and a Routing Permit for the Proposed Line 3 Replacement Project in Minnesota from the North Dakota Border to the Wisconsin Border.
Court of Appeals of Minnesota.https://leagle.com/images/logo.png
Filed June 14, 2021.
Review Denied August 24, 2021.
Attorney(s) appearing for the Case
Scott R. Strand , Environmental Law & Policy Center, Minneapolis, Minnesota (for relator Friends of the Headwaters).
Paul C. Blackburn , Minneapolis, Minnesota (for relators Honor the Earth and The Sierra Club).
Joseph Plumer , Red Lake, Minnesota (for relator Red Lake Band of Chippewa Indians).
Frank Bibeau , Deer River, Minnesota (for relators Honor the Earth, The Sierra Club, and White Earth Band of Ojibwe).
Amelia J. Vohs , Brent Murcia (certified student attorney), Minnesota Center for Environmental Advocacy, St. Paul, Minnesota; and Cresston Gackle , Cresston Law LLC, Minneapolis, Minnesota (for relator Youth Climate Intervenors).
Brian B. Bell , Michael J. Ahern , Dorsey & Whitney LLP, Minneapolis, Minnesota (for respondent Shippers for Secure, Reliable, and Economical Petroleum Transportation).
Brendan D. Cummins , Alex M. Bollman , Cummins & Cummins, LLP, Minneapolis, Minnesota (for respondent Laborers' District Council of Minnesota and North Dakota).
Anna Friedlander (pro hac vice), O'Donoghue & O'Donoghue LLP, Washington, District of Columbia (for respondent United Association of Journeymen and Apprentices of the Plumbing and Pipe Fitting Industry of the United States and Canada, AFL-CIO).
Anne Marcotte , Northern Counties Land Use Coordinating Board, Hill City, Minnesota (for amicus curiae The Northern Counties Land Use Coordinating Board).
Robin C. Merritt , Hanft Fride, P.A., Duluth, Minnesota (for amicus curiae Area Partnership for Economic Expansion, Inc.).
Considered and decided by Jesson, Presiding Judge; Reyes, Judge; and Kirk, Judge.
OPINION
JESSON, Judge.
Enbridge Energy, Limited Partnership seeks to replace its existing Line 3 pipeline, which transports crude oil across Minnesota, with a new pipeline that will take a different route across the state. In order to build, Enbridge must establish the need for replacement Line 3. That question of necessity divides state...
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