February 2021 Vol. 76 No. 2
Newsline
Newsline
Enbridge Line 3 Pipeline Opponents Sue to Shut Down Minnesota Construction
Opponents of a pipeline project that crosses three states have asked a federal court to halt construction in Minnesota on allegations that the U.S. Army Corps of Engineers failed to address several environmental issues when it approved a water quality permit.
Two Minnesota Ojibwe bands and two environmental groups filed a lawsuit in U.S. District Court for the District of Columbia that asks for a preliminary injunction to stop work on the Enbridge Energy Line 3 pipeline that began early January across northern Minnesota.
Line 3 starts in Alberta and clips a corner of North Dakota before crossing northern Minnesota en route to Enbridge’s terminal in Superior, Wisc. The 337-mile (542.35-kilometer) line in Minnesota is the last step in replacing the deteriorating pipeline that was built in the 1960s.
Filed by the Red Lake Bank of Chippewa, the White Earth Band of Ojibwe, the Sierra Club and the environmental group Honor the Earth, the complaint claims the Corps’ decision to issue the permit authorizing the pipeline violates multiple federal laws and treaties and is causing irreparable harm.
The U.S. Army Corps of Engineers on Nov. 23 issued its “404 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 Calgary-based Enbridge needed to begin construction in Minnesota, after a contentious process that lasted several years.
The suit argues that the Corps failed to evaluate the risks and impacts of oil spills, which is particularly important given the nature of the oil that Enbridge will transport, plaintiffs allege. Line 3 will carry thick Canadian oil that sinks in water and is harder to contain during a spill, the Star Tribune reported.
The suit also contends that the Corps didn’t properly evaluate the pipeline’s impact on climate change and that the agency should have conducted its own environmental impact statement on the pipeline. The Corps also failed to fully assess Line 3’s impacts on tribal treaty rights, the suit said.
Agreement Provides Fiber-Optic Improvements in Rural Areas
A telecommunications company has agreed to provide $2 million in improvements to fiber-optic infrastructure in rural areas across Arizona, as part
of a consent agreement with the state.
The Arizona Attorney General’s Office announced that the fiber-optic improvements are part of a February consent decree with Lumen Technologies, formerly known as CenturyLink.
The office had alleged that the company engaged in deceptive and unfair advertising and billing practices. The consent decree resolves the allegations, which the company continues to deny.
The announcement said the planned fiber-optic improvements will benefit schools, public safety agencies, small businesses, local government offices and other customers by extending cellphone coverage and internet connectivity in previously underserved areas.
The improvements are planned in Coconino, Pinal, Santa Cruz and Yavapai counties in Arizona.
Precision Pipeline Selected to Help Construct Keystone XL
Precision Pipeline (PPL) a MasTec, Inc. company, has been awarded a contract from TC Energy Corporation for the construction of the Keystone XL Pipeline in Montana and South Dakota.
“We are extremely proud to put PPL employees and more than 1,600 American union members to work on completing this important infrastructure project, which will also provide a boost to local economies along the project route,” said Bobby Poteete, president of PPL.
“As a Wisconsin business, we’re proud to be awarded such a large contract for a significant North American infrastructure project and we look forward to working with TC Energy, local communities and businesses to bring Keystone XL to life.”
MasTec, Inc. is also proud to be working on this inclusive project. “With a significant equity investment by the Indigenous communities and a commitment to construct the project with an all-union workforce in the U.S., Keystone XL is a critical infrastructure project that has evolved significantly over the last few years,” added José R. Mas, CEO, MasTec, Inc. “Today, Keystone XL is one of the most diversified infrastructure projects in this country.”
PPL will be responsible for hiring an estimated 1,600 union workers over the two-year construction period. “We are committed to hiring locally and giving priority to qualified local and Indigenous businesses, and strive to be a leader in promoting opportunities,” said Michael Hyke, vice president of Midwest Operations at PPL.
According to TC Energy, in addition to job creation, the Keystone XL Pipeline Project is expected to contribute $55 million in annual property tax revenues, with millions in economic benefits going directly to education and essential community services alone. PPL is 100-percent committed to safety, the communities it works in and to being part of something bigger than the project.
Pipeline Path through National Forrest Approved
The U.S. Forest Service has approved the Mountain Valley Pipeline’s proposed route through part of the Jefferson National Forest in West Virginia and Virginia.
The decision came after an environmental impact statement from the Forest Service last month supported plans to construct the 42-inch pipeline across 3.5 miles of forest in Monroe County in West Virginia, and Giles and Montgomery counties in Virginia, the Charleston Gazette-Mail reported.
The decision prompted another legal challenge from several conservation groups, which also sued after the Forest Service approved the pipeline’s pathway in 2017. An appeals court vacated the agency’s decision.
The proposed route for the pipeline also has to be reviewed by the Bureau of Land Management and the Federal Energy Regulatory Commission.
John Deere, National Grid Joint Test the Electric-Powered Backhoe
John Deere, a leading manufacturer of construction equipment, and National Grid, an electricity, natural gas, and clean energy delivery company serving more than 20 million people throughout the Northeast, will joint test an electric backhoe concept.
The John Deere developed, battery-powered, electric vehicle design – referred to as E-Power – will target the ease of operation and performance level of the diesel-powered, 100 HP 310L backhoe. The design is intended to provide substantially lower daily operating costs, lower job-site noise, enhanced machine reliability, and zero emissions.
“We are excited to work with National Grid, a leader in promoting clean energy solutions, to test the John Deere electric backhoe design in real-world conditions,” said Jason Daly, global director, production systems, technology and marketing at John Deere.
The testing period will enable National Grid to expand its use of electric equipment on job sites, reaffirming its commitment to leading the industry in the use of clean and resilient energy solutions.
“National Grid is one of only two energy companies in the US to add electric backhoes to their fleets,” said Badar Khan, president of National Grid, US. “We are excited to work with John Deere to take an important step in electrifying our company vehicles, which could be revolutionary for our industry.
“Decarbonizing transportation remains a challenge in the journey to net zero and we’re hopeful that bringing on more electrified heavy-duty vehicles and equipment will help us make significant progress.”
Indiana Communities Receiving Water Infrastructure Grants
More than $8 million in federal grants will be shared among 12 rural Indiana communities to improve their wastewater systems.
The state distributes grants to rural communities to help them with projects such as infrastructure improvement, public facilities and economic development.
Lawrenceburg, Sullivan and Edinburgh Counties are receiving $600,000 each for flood drainage improvements. Beech Grove is getting $600,000 for wastewater improvements. Carbon, Dana, Lapel, Leavenworth, New Market, Thorntown and Putnam Counties are getting $700,000 each for improvements.
Spurgeon was awarded $700,000 to construct a wastewater system.
“These grants are vital to Indiana’s economic success, as these projects should improve the quality of life in these rural communities,” said Lt. Gov. Suzanne Crouch. •
Debates Escalate After Officials Charged Over Flint Water Crisis
When a former Michigan public health director was charged with involuntary manslaughter in the Flint water crisis, the man who previously held the job says a chilling thought crossed his mind: It could have been me.
“I spent 14 years in that chair,” said Jim Haveman, who served under two Republican governors — including Rick Snyder, another target of indictments released Thursday. “I dealt with anthrax outbreaks, measles, hepatitis, Legionella. ... The list is a mile long. We had to make tough decisions all the time.”
He contends Snyder, former health chief Nick Lyon and seven others charged with various counts in one of the worst human-made environmental disasters in U.S. history, are victims of Monday-morning quarterbacking that makes criminals of government officials guilty of nothing worse than honest mistakes. Prosecutors, however, say this is no ordinary matter of well-meant decisions that backfired.
“Pure and simple, this case is about justice, truth, accountability, poisoned children, lost lives, shattered families that are still not whole, and simply giving a damn about all of humanity,” said Kym Worthy, a leader of the team that investigated a catastrophe that has been described as an example of environmental injustice and racism.
Few would dispute that a tangle of miscalculations, neglect and hubris led to pollution of the impoverished, majority-Black city’s drinking water with lead. Some experts believe it contributed to a fatal outbreak of Legionnaires’ disease. But the charges have escalated a debate over whether state and
local officials crossed a line between incompetence and illegality.
Those who support prosecution say conviction and punishment of those most responsible are essential steps toward making the victims whole — even after a $641-million civil settlement reached last year — and deterring similar misconduct.
To opponents, the charges are vengeful overreach that could do more harm than
good, discouraging talented people from working in government and making those already there excessively cautious — just as
the COVID-19 pandemic highlights the need for boldness and creativity.
Underscoring the high stakes is the precedent-setting nature of the case. Snyder is the first governor in Michigan’s 184-year history charged with crimes involving job performance. Ron Sullivan, a Harvard Law School professor, said he knew of no such cases in other states.
Governors have been accused of taking bribes, violating campaign finance laws and personal misconduct. Sullivan helped prosecute a former Missouri governor on an invasion-of-privacy charge involving a sex scandal. But the Michigan matter, he said, is “odd” and he thinks the bar for a conviction will be high.
Snyder, who held office from 2011 through 2018, faces two counts of willful neglect of duty. The indictment says only that he failed to monitor the “performance, condition and administration” of his appointees and protect Flint’s nearly 100,000 residents, despite knowing the threat.
The Rev. Ezra L. Tillman Jr., pastor at First Trinity Missionary Baptist Church in Flint, said it’s disappointing that Snyder was charged only with misdemeanors.
“It gives a mirage that ... finally there is going to be some justice for all these kids’ lives that have been destroyed, all these elderly people whose lives have been destroyed,” said Tillman, whose church is a distribution site for residents who still need clean water. “It’s a joke.”
Yet even those charges will be hard to prove, Sullivan said. Prosecutors will have to show intentional wrongdoing, not just sloppy management.
“Negligence, even gross negligence, is not enough,” he said.
But Noah Hall, a Wayne State University environmental law professor who took part in a previous investigation of the case and saw evidence, including emails between top officials, said: “These were not innocent mistakes.”
Flint was under the control of a Snyder-appointed emergency manager when it switched its water source from Detroit to the Flint River in 2014 to save money. Lead from aging pipes contaminated tap water because the city followed state regulators’ advice not to apply anti-corrosive treatments.
Despite residents’ complaints of rashes, hair loss and other ailments, Snyder’s administration waited 18 months to acknowledge a problem — after a doctor reported elevated lead levels in children.
Lyon and ex-Chief Medical Executive Dr. Eden Wells are charged with involuntary manslaughter in the 2015 deaths of nine people with Legionnaires’. Authorities said they failed to alert the public about a regional spike in the disease when the water system might have lacked enough chlorine to combat bacteria.
CIGMAT 26th Annual Conference is March 5–Online
The 26th annual conference organized by the Center for Innovative Grouting Materials and Technology (CIGMAT) and the Department of Civil and Environmental Engineering, of the University of Houston, will take place March 5 – online.
As always, the “Infrastructures, Energy, Geotechnical, Flooding and Sustainability Issues in Houston & Other Major Cities” conference will focus on critical issues, projects and technology related to highways, streets, buildings, water and wastewater systems, flooding, transportation and financial factors.
Its purpose continues to be for well-known and influential speakers to inform and update contractors, consultants and other attendees about the latest challenges, solutions and opportunities influencing the development of major cities, including Houston. In addition,
3.5 Professional Development House (PDHs) are awarded to those attending the entire conference.
Unique this year is the COVID-19 virus, not only as the reason for holding an online conference, but as a topic, in terms of its impact on industry, business and educational operations; and individual, family, community and national economies throughout the world.
For those who register by March 1, the fee is $50. After that date, the registration fee is $60. The student fee is $25.
Once registered, also email Dr. Vipu, director of CIGMAT, to receive instructions about accessing the online conference: CVipulan@central.uh.edu.
For more information on the conference contact Dr. Vipu by email or phone: (713) 743-4278.
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