Case Civil No. 13-2262 (D530) | US District Court, District of Minnesota (MN DNR SUR-REPLY BRIEF)

An April 27, 2016 Corps’ Memorandum similarly shows that the Corps understood the PPA could not be signed unless the Corps provided assurances that the congressionally-approved Requirement was met. Ultimately, the Corps agreed to the Requirement limiting the Corps’ ability to enter into the PPA, took the money, and then abdicated its responsibility to assess the state regulatory and permitting issues affecting the project. The Corps simply ignored the state regulatory issues.

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MN DNR Letter to USACE PPA Fargo Dam and FM Diversion Project

Given that we were not consulted as part of this process and further that we are not able to see the basis for your determination, I believe it is essential to be on the record directly with you regarding the real and significant regulatory issues that are outstanding in Minnesota concerning the proposed Fargo-Moorhead Diversion Project.

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