A federal appellate court judge has denied a motion to stop construction of Enbridge's controversial Line 3 replacement, the second court ruling against pipeline opponents in the past week.
Two Minnesota Ojibwe bands and two environmental groups in December sued the Army Corps in U.S. District Court for the District of Columbia, asking for a preliminary injunction to halt construction of the 340-mile oil pipeline across northern Minnesota.
Judge Colleen Kollar-Kotelly Sunday denied a preliminary injunction, saying plaintiffs failed to show they would likely succeed on the merits of their case or that they will suffer "irreparable harm" if construction continues.
The Army Corps on Nov. 23 issued its permit for the discharge of dredged and filled material into U.S. waters during Line 3's construction. The permit was the last major approval Enbridge needed to begin construction on the $2.6 billion pipeline, which navigated the state and federal regulatory process for six years.
Construction began in December and Calgary, Alberta-based Enbridge has said the pipeline will take six to nine months to complete.
Enbridge, in a statement Monday, said it's "pleased with [the federal court's] decision that acknowledges the thorough, inclusive and science-based review of the Line 3 Replacement Project by the U.S. Army Corps of Engineers."
Darrell Seki, chairman of the Red Lake Band of Chippewa Indians, said in a statement: "We're disturbed that the court would not at least temporarily stop Enbridge from destroying the water and wetlands we have used and depended on since time immemorial."
Last week, the Minnesota Court of Appeals rejected a petition from the Red Lake band and the White Earth band of Ojibwe to halt construction. They tribes are appealing the approval of Line 3 by the Minnesota Public Utilities Commission (PUC).