Opponents of two crude oil pipelines proposed in northern Minnesota are pushing for deeper, more sweeping studies of their environmental risks in the wake of an appeals court ruling rejecting the process begun by state regulators.
The Minnesota Public Utilities Commission on Thursday decided to stay, or put on hold, its June decision granting a certificate of need to the proposed $2.6 billion Sandpiper pipeline to carry North Dakota oil across Minnesota on its way to refineries in other states.
But the five-member commission left open what happens next with the project, which is entering a second stage of state review that focuses on its route. What ultimately happens with the Sandpiper project also could affect another proposed pipeline, Line 3, which has overlapping environmental issues because it's proposed on the same route by the same pipeline company.
"The hope is the commission will take this opportunity to take a broader look at pipelines in Minnesota," said Kathryn Hoffman, an environmental attorney in St. Paul who successfully argued before the Minnesota Appeals Court that state utility regulators were required to do an environmental impact study of Sandpiper before deciding whether the project is needed.
Calgary-based Enbridge Energy, which is proposing the two pipelines, still has the option of appealing the Sept. 14 ruling, as does the utilities commission. Neither has decided whether to take that step, which could mean a lengthy delay. In the meantime, the five-member commission asked Enbridge and its supporters and critics to comment on what to do next in the wake of the ruling.
Hoffman and others, including the White Earth Band of Ojibwe, want the state to conduct a full-scale environmental impact statement (EIS) that carefully studies the cumulative risks of crude oil pipelines, examines alternate routes that don't cross sensitive and isolated wetlands and avoids wild rice lakes and the headwaters of the Mississippi River.
That kind of review, which was used for TransCanada's stalled Keystone XL crude oil pipeline through western states, has more procedural steps than the process long used on Minnesota pipelines. In an EIS a draft report is prepared, often resulting in several volumes of material. The draft is subject to comments and questions that must be addressed in a final report. The process can take years, as it has for Keystone XL and the proposed PolyMet Mining Corp. copper-nickel mine near Hoyt Lakes, Minn.
"This is the [Gov. Mark Dayton] administration's Keystone XL," Hoffman added.