October 2020 MCEA Newsletter

In this edition of MCEA's Environmental Monitor:

- MCEA and allies stand up for climate action at the Minnesota Supreme Court

- A big thank you to everyone who took part in Legally Green: LIVE in Your Living Room and all of our other events during our multi-day celebration

- The fight for Limbo Creek is not over: raise your voice for public waters

-Minnesota Supreme Court case on PolyMet's permit to mine is Tuesday, October 13th

On Tuesday, MCEA Attorney Evan Mulholland presented oral arguments at the Minnesota Supreme Court. The location was somewhat unusual (the Court is holding cases virtually right now), but the outcome of this case is no less important.

Across the country, the impacts of climate change are being felt right now. And, Minnesota, the 2nd fastest warming state in the country, is facing an inflection point in our transition to clean energy. Do we commit to renewables? Energy that the data clearly shows is reliable and cheaper to build. Or, do we make massive new investments in the debunked concept of "transition fuels," like fracked gas, that will keep fossil fuels in our energy mix for decades to come?

Right now, Minnesota Power is proposing a fracked gas power plant that would lock the Northland into a 40+ year fossil future. And, they dodged Minnesota's environmental review process by building the plant 2 miles across the border in Wisconsin, even though the proposal was approved by the Minnesota Public Utilities Commission, is owned by a Minnesota Utility, and would be paid for by Minnesota rate payers.

y not doing environmental review, Minnesotans do not know the impact of this proposal. The utility has been able to keep the amount of climate destroying emissions a "trade secret" — leaving Minnesotans guessing what the impact of this massive proposed investment in fossil fuels will be. While the exact emissions amount has not been publicly disclosed, the cost has. And, rate payers are on the hook.

In response to Minnesota Power's proposal, in 2019, MCEA, our clients Sierra Club and Union of Concerned Scientists, and co-appellants Honor the Earth sued demanding that environmental review be required. We won that case. Minnesota Power appealed the decision to the Supreme Court, and on Tuesday we stood up for the northland's energy future in our state's highest court.

Did you miss the oral arguments? You can click here to watch a recording of the court proceeding on the court's website. After, watch a recording of our After the Argument webinar with Evan, our Climate Director Ellen Anderson, and MCEA's Chief Legal Officer Kevin Reuther. 

And remember, Tuesday's oral argument was just one of several cases MCEA has pending before the Minnesota Supreme Court. Please consider donating to support the fight against Minnesota Power's unneeded, expensive, and climate destroying power plant, PolyMet's reckless mine proposal, and more. 

Thank you to everyone who made MCEA's big event this year a BIG success

In late September, we wrapped our multi-day virtual celebration, State of the Environment: Voices Driving Change. Over 10 days, hundreds of Minnesotans gathered for webinars, podcasts, and live online events. Thank you to everyone who shared part of their week with us. While we couldn't gather in-person as we have in years past, it was rewarding to share our work with so many and highlight the powerful partnerships that drive our work. Our celebration culminated at Legally Green: LIVE in Your Living Room. It was exciting, dynamic, and totally new for MCEA. We are so grateful for the outpouring of support and we particularly enjoyed the energy everyone brought to the chat box online. And, we're happy to report that we raised more than a quarter of a million dollars to fund MCEA’s work protecting Minnesota’s environment and the health of its people.

Did you miss Legally Green: LIVE in Your Living Room? No problem! We have a recording you can watch. Click here. Some of the voices driving change that you will hear are of young people working with MCEA to ensure that their generation and the ones that follow will live in a world with clean air, drinkable water, and a livable climate. You will learn from an international human rights advocate; a leader in economic, cultural and environmental justice; and a wildlife biologist who has also won two Emmys.

You can enjoy the recordings of MCEA's State of the Environment: Voices Driving Change event, including webinars, podcasts, and more at voicesdrivingchange.org. 

Next Tuesday, October 13th, MCEA’s Senior Attorney Ann Cohen and allies from Friends of the Boundary Waters, WaterLegacy, as well co-appellants The Fond Du Lac Band of Lake Superior Chippewa, will present oral arguments at the Minnesota Supreme Court defending the Court of Appeals decision that struck down PolyMet’s permit to mine and required the DNR to hold a contested case hearing for PolyMet’s reckless, untested, copper sulfide mine proposal. 

Many of you first became aware of our organization through PolyMet’s proposal, and the start of the Supreme Court case on Tuesday is a watershed moment in an over decade long fight to protect downstream communities and hold our state agencies, and an international mining corporation, responsible for a proposal that would leave hundreds of years of environmental impacts to the Lake Superior watershed. Together, with your support, MCEA and our allies achieved major victories this year in suspending every single permit issued to PolyMet that we litigated against at the Court of Appeals. Now, at the Minnesota Supreme Court, we have the opportunity to set decades of precedent that would have rippling impacts on the health of Minnesota’s environment and its people.

Limbo Creek saga takes a turn, and we need your help

We told you last month that the Minnesota Department of Natural Resources (DNR) was adding Limbo Creek to the list of protected public waters in Minnesota. That was great news, but since then, several developments have shown that the fight to save Limbo Creek is not over. 

The Renville County board appears to be dead set on trying to approve a proposal to dig out, ditch and straighten 2,000 feet of Limbo Creek. They’ve set a hearing to approve this proposal on October 27th. The DNR has a comment period open until November 11th on whether to restore Limbo Creek to the list of the protected waters, and it appears that Renville County is trying to play “beat the clock” and approve a project that would permanently damage Limbo Creek. They haven’t even done an environmental study of the impact this project would have. 

Over 300 MCEA supporters have already sent their comment to the DNR asking for Limbo Creek to be added to the list of protected public waters in Minnesota. If you haven’t signed already, we need you to join us. Hundreds of people supporting Limbo Creek will help protect it. 

Renville County is also considering a lawsuit challenging the decision to restore Limbo Creek public waters protections. They met last week with an attorney and are considering challenging the DNR decision. If they do, MCEA will be ready. 

We are pleased that DNR has made it clear to Renville County that Limbo Creek is a public water, entitled to the protection of requiring a permit before ditching. Raising your voice for Limbo Creek and other public waters will help DNR understand the importance of following through and protecting it from this damaging proposal.

Take action and learn more about the battle to save Limbo Creek on the MCEA website.