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In re Applications of Enbridge Energy, Limited Partnership, for a Certificate of Need and Routing Permit for the Proposed Line 3 Replacement Project in Minnesota From the North Dakota Border to the Wisconsin Border

ELR Citation: 49 ELR 20096
Nos. A18-1283, A18-1291, and A18-1292, (Minn. Ct. App., 06/03/2019)

A state appellate court reversed the Minnesota Public Utilities Commission's determination that the final EIS for a proposed pipeline replacement project was adequate. Environmental groups argued the final EIS failed to address environmental impacts identified in scoping and raised by public comments.The court found the final EIS was inadequate because it failed to address concerns about the potential impact of an oil spill into the Lake Superior watershed that were raised throughout the process, and thus held that the Commission's decision was arbitrary and capricious, and unsupported by substantial evidence. It therefore reversed and remanded for further proceedings.