New Lawsuits Filed in FM Diversion Project
New Lawsuits Filed for water impacts that reach beyond FM Diversion Project.
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Case Civil No. 13-2262 (D633) | US District Court, District of Minnesota (DNR’S OMNIBUS RESPONSE TO THE DEFENDANTS’ MOTIONS TO MODIFY THE SEPTEMBER 7, 2017, ORDER GRANTING A PRELIMINARY INJUNCTION)
Once a contested case hearing was requested, the Permit was no longer valid. Deny Motion to Lift Injunction Against FMDA Project: Minnesota Attorney General Keith Ellison requests that US District Court MN deny Fargo Moorhead Diversion Authority and USACE motions to modify its September 7, 2017, Order granting the preliminary injunction, or, in the alternative, modify the injunction to incorporate the conditions and requirements of the DNR’s permit until resolution of the contested case.
Continue ReadingCASE 0:13-cv-02262-JRT-LIB Document 80
Initial authorization is not the final word on a Corps project. Authorized projects may be modified for a number of reasons including cost changes and design modifications. The Corps may not commence construction on a significant flood control project without both Congressional authorization and a Congressional appropriation(s). Congressional authorization of a flood control project does not guarantee federal funding through a Congressional appropriation.
Continue ReadingCASE 0:13-cv-02262-JRT-LIB Document 79
Nathan J. Hartshorn, MN Assistant Attorney General: The Project would flood thousands of acres of Minnesota farmland in order to expand development opportunities in the Fargo-Moorhead Metropolitan Area. The Project also would require construction of a high-hazard dam on the Red River, upstream of Minnesota communities. This high hazard dam requires MDNR dam safety and work in public waters permits, and triggered a mandatory Environmental Impact Statement (EIS) under Minnesota law.
Continue ReadingCASE 0:13-cv-02262-JRT-LIB Document 78
Nathan J. Hartshorn, MN Assistant Attorney General: MDNR has a significant interest in this matter because the Fargo-Moorhead Flood Diversion Board of Authority (“Diversion Authority”) asserts that the proposed Fargo-Moorhead flood diversion project (“Project”) is not subject to State regulation. The Project would flood tens of thousands of acres of Minnesota farmland in order to expand development opportunities in the Fargo-Moorhead metropolitan area.
Continue ReadingCase # 13-CF-02262 | US District Court, District of Minnesota
UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA Richland/Wilkin Joint Powers Authority, a Minnesota-North Dakota Joint Powers Authority, Plaintiff, Civil Action No. 13-CF-02262 vs. . . United States Army Corps of Engineers; John McHugh, Secretary of the US Army Corps of Engineers (in his official capacity); Jo-Ellen Darcy, Assistant Secretary of the Army for Civil Works […]
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