Environmental groups ask for full review of pipeline impact

610 miles of pipe waiting
Enbridge planned to start work on the Sandpiper pipeline project through northern Minnesota this fall, but the permitting process is taking longer than expected. Fifty miles of pipe for the project sit in this hay field.
John Enger / MPR News

The Minnesota Center for Environmental Advocacy and Friends of the Headwaters filed suit in Ramsey County Court Friday, asking for a thorough environmental review of a proposed oil pipeline across northern Minnesota.

The two groups want a full-blown environmental impact statement, or EIS, conducted for the Sandpiper pipeline, which would transport crude from North Dakota to Superior, Wis., before the state permitting process for the project continues.

Typically, the commission considers a pipeline's certificate of need and its route permits during the same proceedings. Then the Minnesota Department of Commerce analyzes the environmental impacts as part of its route permitting process.

But the Public Utilities Commission did something unusual with Sandpiper: In September, the commission decided to split those two decisions, first determining the project's need, before addressing its specific route.

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The MCEA says the approval process, by law, should be happening first.

"That environmental review is actually not going to take place until after the certificate of need decision is made," said MCEA attorney Kathryn Hoffman. "The Minnesota Environmental Policy Act specifically prohibits agencies from approving permits for facilities without environmental review. So proceeding this way is a violation of [state law]."

Enbridge has argued the 610-mile project is needed to bring growing supplies of North Dakota crude oil to refineries.

The company's preferred route for the pipeline has run into opposition from state officials and citizen groups.

In September the state public utilities group ordered the company to consider six alternate routes that would avoid many sensitive lakes, wetlands and aquifers in north-central Minnesota.

Those "system alternatives" will be evaluated as part of the certificate of need process. The commission has set public hearings across the state to begin on Jan. 5, 2015.

"We believe the route we have proposed is the best option for the state of Minnesota," said Lorraine Little, Enbridge spokeswoman. "It is the shortest, follows existing pipelines and transmission lines, impacts fewer landowners and high-population areas."