MN Gov Mark Dayton Response to Darrell Vanyo
MN Governor Mark Dayton letter to Darrell Vanyo: “My goal is to ensure that all Minnesotans impacted have a full voice in the decision-making process.”
Continue ReadingCategory: Legal
Darrell Vanyo letter to MN Gov Mark Dayton August 26th, 2014
Darrell Vanyo letter contradicts actions stating: “Diversion Authority’s obligation to its constituents across multiple jurisdictions, as well as its sincere interest in avoiding any further conflict with the MDNR review process.”
Continue ReadingMN Gov Mark Dayton Expresses Strong Concerns About Fargo Diversion Authority Project
The Diversion Authority began construction of the Oxbow-Hickson-Bakke ring levee (Ring Levee) in North Dakota this past June. Given that land’s elevation, it is highly unlikely that this levee has independent utility separate from construction of the overall Project. Thus, construction of the Ring Levee, prior to completion of Minnesota’s EIS, violates our state’s law. Given the express commitments made by the Corps to Minnesota during the federal environmental review process and in the Chiefs Report, it is unacceptable that federal funding should be appropriated for the Fargo-Moorhead Project, or that construction should be allowed to begin prior to completion of Minnesota’s environmental review.
Continue ReadingStatement from Minnesota Governor Mark Dayton’s Office
Governor Dayton and his administration will do everything possible to ensure that Minnesota’s best interests are not trampled by this project.
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 ReadingState of Minnesota vs Fargo Moorhead Flood Diversion Board, et al.
BREAKING NEWS: MERA suit filed in Minnesota against the Fargo Diversion Authority. The proposed project is; Not ecologically sustainable; Not the least impact solution; Not one in which adverse effects can and will be mitigated; and Not consistent with other standards, ordinances, and resource plans of local and regional governments.
Continue ReadingMN DNR Letter to Darrell Vanyo Diversion Authority Chair 2014-04-22
The OHB levee is a project component of the F-M Project, without an independent basis for its construction as proposed. In light of the jurisdictional challenges and to protect the integrity of Minnesota’s environmental review process we will consider the OHB levee as a component of the F-M project in the state EIS. Consistent with Minnesota law, MDNR will not be making any final governmental approvals on the F-M project or any component thereof until the state’s EIS process is complete.
Continue ReadingMN DNR Letter to Darrell Vanyo Diversion Authority Chair 2014-01-14
As suggested in the MOU, the O-H-B Levee is a segment of the larger Diversion Project (e.g., a phased or connection action), the commencement of construction prior to completion of the state final EIS and adequacy determination would be a violation of Minnesota law.
Continue Reading