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Once a contested case hearing was requested, the Permit was no longer valid.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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Final Comments: Cash Aaland, MN DNR FM Diversion Policy Leadership Group

Fargo’s proposed Plan B, as outlined in the Diversion Authority’s press release and the TAG documents reflecting the size and shape of 7A/10D, would actually increase the Diversion project from the 72,923 acre project that was denied a permit, to a 76,812 acre project with the dam located further south.

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MN Governor Mark Dayton ltr Sets the Record Straight

Despite Lieutenant General Semonite’s unfounded representation to the contrary, Minnesota has not “come together” with the Army Corps of Engineers and the State of North Dakota to advance the proposed project. In all my years of public service at the state and federal levels, I have never seen such a complete disregard for the process of a co-regulator.

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