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Once a contested case hearing was requested, the Permit was no longer valid.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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Case Civil No. 13-2262 (D530) | US District Court, District of Minnesota, Injunction Granted

BREAKING NEWS: United States District Chief Judge John R. Tunheim hands down 60 page CEASE and DESIST order against the Fargo Moorhead Dam and FM Diversion project. Injunction against the USACE and FMDA (Fargo Moorhead Diversion Authority).

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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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