Deny Motion to Lift Injunction Against FMDA Project

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Once a contested case hearing was requested, the Permit was no longer valid.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.

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MN 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.

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