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Once a contested case hearing was requested, the Permit was no longer valid.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

September 7, 2017November 14, 2017adminLeave a Comment

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).

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

August 20, 2017August 20, 2017admin1 Comment

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.

Case Civil No. 13-2262 (D425 and D426) | US District Court, District of Minnesota (Preliminary Injunction)

May 4, 2017May 8, 2017admin1 Comment

Minnesota Department of Natural Resources Motion and Memorandum in Support of Preliminary Injunction against the Fargo Dam and FM Diversion Project.

DECISION: US Court of Appeals, 8th Circuit – Fargo Dam and FM Diversion

June 21, 2016adminLeave a Comment

By virtue of OHB ring levee’s connection with the larger diversion project, its construction does not take place “wholly outside” Minnesota’s borders. Minnesota has an interest in regulating the larger diversion project and its parts.

Case Civil No. 13-2262 (D287) | US District Court, District of Minnesota

July 28, 2015adminLeave a Comment

The following clarification was received late today from US District Court, District of Minnesota. Summmary: Home and golf course construction may continue, however, the all physical construction activities related to the OHB ring levee, if ongoing, must cease immediately. [Jump to Judges Decision and Order Decision] CASE 0:13-cv-02262-JRT-LIB Document 287 Filed 07/28/15 UNITED STATES DISTRICT […]

Case Civil No. 13-2262 (D238) | US District Court, District of Minnesota

June 25, 2015admin1 Comment

JUDGE DENIES FARGO DIVERSION AUTHORITY MOTION: The Authority’s motion to stay the Court’s preliminary injunction order [Docket No. 197] is DENIED. Also waiving $2.5 million bond sought by the Fargo Diversion Authority.

Oxbow ND Leaders Wrong on City’s Plight

June 7, 2015June 7, 2015Marcus Larson3 Comments

Isn’t it interesting that the Oxbow County Club received a wire transfer for $10.499 million on January 21st, 2015…, but Oxbow city leaders did nothing to ensure homeowners under the proposed ring-levee-dike receive the same courtesy…

Case Civil No. 13-2262 | US District Court, District of Minnesota

May 13, 2015May 13, 2015adminLeave a Comment

United States District Judge GRANTS JPA motion for a preliminary injunction against the Authority. All physical construction activities related to the OHB ring levee, if ongoing, must cease immediately.

Defending Richland and Wilkin counties February 13th, 2014

February 13, 2014June 20, 2014adminLeave a Comment

Chairman Vanyo’s public response thus far has been to describe Ms. Townley and the DNR as being “confused,” having been duped by the Upstream Coalition. The purpose and intent behind the ring dike concept is well documented: mitigation of the impacts of the FM Diversion Project.