Lawsuit | FMDam.org

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)

March 21, 2019adminLeave a Comment

Once a contested case hearing was requested, the Permit was no longer valid.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

CASE 0:13-cv-02262-JRT-LIB Document 80

July 24, 2014adminLeave a Comment

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.

CASE 0:13-cv-02262-JRT-LIB Document 79

July 24, 2014adminLeave a Comment

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.

CASE 0:13-cv-02262-JRT-LIB Document 78

July 24, 2014July 24, 2014adminLeave a Comment

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.

Case # 13-CF-02262 | US District Court, District of Minnesota

August 19, 2013July 24, 2014adminLeave a Comment

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 […]