The Minnesota DNR's position that the United States Army Corps of Engineers must obtain a state permit for the flood diversion to protect Fargo-Moorhead (while causing flooding on the Minnesota side of the Red River) gained strength today.
At the Fargo Forum, Tu-Uyen Tran reports in Judge orders halt to work on Fargo-Moorhead flood diversion project:
Work on the flood diversion to protect Fargo-Moorhead must stop immediately pending the outcome of a years-long lawsuit, a federal judge ordered on Thursday, Sept. 7.
The $2.2 billion project is opposed by Minnesota, and John R. Tunheim, chief judge in the District of Minneapolis, said there is a likelihood that the U.S. Army Corps of Engineers and Fargo-Moorhead Diversion Authority will have to get a state permit.
The corps has maintained that, as a federal agency, it’s immune from state environmental regulations. Tunheim suggested Congress waived that immunity by requiring the corps to follow state laws.
Tom Landwehr, commissioner of the Minnesota Department of Natural Resources, said in a statement Thursday that the judge has “clearly and unequivocally” agreed with the DNR’s position. “As the DNR has stated consistently in this matter, the public interest is not served by allowing the Corps and Diversion Authority to invest public funds in construction in the absence of the required state permits, which are designed to protect the public and the environment.”
While North Dakota regulators have OK’d the diversion project, the DNR has refused to do so citing state policies on removing undeveloped land from the floodplain.
“This ruling is excellent news for the safety and protection of Minnesotans, whose lands and livelihoods could be devastated by the diversion project, as proposed,” Minnesota Gov. Mark Dayton, who has paid close attention to the lawsuit, said in a statement. “Importantly, it also upholds Minnesota’s rightful permitting authority.” . . .
In April 2016, Tunheim dismissed other parts of the lawsuit, Tu-Uyen Tran reported at the time:
A part of the lawsuit filed against the Fargo-Moorhead flood diversion project has been dismissed by a federal judge, leaving two of five original counts unresolved.
The U.S. Army Corps of Engineers has also been dismissed from the case, leaving the Diversion Authority as the primary defendant.
In the two counts that Judge John R. Tunheim's order on Thursday dismissed, upstream opponents of the project, the Richland-Wilkin Joint Powers Authority, had argued that the corps failed to follow federal environmental review procedures.
The judge dismissed another count a year ago.
The two counts that remain argue that the Diversion Authority must wait for an environmental review and a permit from the Minnesota Department of Natural Resources before beginning work on the project, even on parts of the project in North Dakota. . . .
At KFGO, Jim Monk reports in Update: Peterson says judge's order likely means changes for F-M Diversion Project:
Opponents have been fighting the project because of environmental concerns and impacts on upstream landowners.
Minn. 7th District Rep. Collin Peterson said "I think what this means is, there's going to be a different project. It's not going to be exactly the same project that was put together." Peterson said "this has thrown a big monkey wrench into the project, there's no question." . . .
At the Save the Farm Facebook group, Marcus Larson shared the Fargo Moorhead Diversion Authority Monitor's post,Case Civil No. 13-2262 (D530) | US District Court, District of Minnesota, Injunction Granted.
Those readers who wish to read Judge Tunheim's ruling can check it out there. Bluestem sides with the hard-working farmers and dirty hippies at the Minnesota DNR on this one.
Photo: Guy working on the project.
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