Our History of the Legal Proceedings
06/15/2024 From Friends of the Headwaters' Attorney Scott Strand click here
9/05/2023 FOH L93 Trust Letter click here
07/28/2023 FOH Additional Comments of Friends of the Headwaters click here
06/20/2023 FOH Letter to Alert Commission on 2 Developments Relevant to Enbridge Decommissioning Trust click here
04/19/2023 DOC - DER Supplemental Comments in Response to Enbridge Reply Comments click here
04/19/2023 FOH Supplemental Comments in Response to Enbridge Reply Comments click here
04/17/2023 DOC Independent Review of Enbridge Line 93 Decommissioning Cost Estimate Review (WSP USA) click here
04/12/2023 FOH Reply Comments in Response to the MN Dept of Commerce's 3/13/2023 Comments click here
03/13/2023 DOC Replies 1/3/2023 Comments and Enbridge's Draft Trust Agreement click here
03/13/2023 FOH Response to Enbridge's Draft Trust Agreement & 1/3/2023 Comments click here
01/11/2023 PUC Decommissioning Trust Fund Order click here
07/20/2022 FOH Supplemental Comments on Decommissioning Trust Fund click here
05/19/2022 FOH Comments on Decommissioning Trust Fund click here
07/27/2021 Legislators letter to MPCA requesting temporary suspension of 401 certification click here
06/14/2021 MN Court of Appeals Opinion Affirming PUC Approval (with dissenting opinion beginning
on page 59) click here
01/21/2021 FOH Request for Stay of Construction and EIS from Federal Army Corp of Engineers click here
12/02/2020 FOH Request for Stay of Construction to PUC click here
11/30/2020 FOH Statement of Appeal of MPCA 401 Permit click here
08/18/2020 An Open Letter to Governor Walz and Lt. Governor Flanagan click here
07/20/2020 PUC denies petitions to reconsider its Order Finding Environmental Impact Statement adequate, granting Certificate of Need as modified, and granting Routing Permit as modified (May 2020 Order) - click here for their ruling.
06/03/2020 MPCA grants contested case hearing on draft 401 water quality certification Click here for FOH considerations granted in order. Here for more info.
05/21/2020 FOH Petition for Reconsideration of PUC 5/1/20 Order click here
05/21/2020 DOC - DER Petition for Reconsideration of PUC 5/1/20 Order click here
05/01/2020 PUC Order Confirming CN and RP with Commissioner Schuerger's Dissent click here
01/06/2020 FOH Comments on revised final EIS click here for comments and here for appendix
05/17/2019 FOH Comments to DNR on Line3 Permits click here
02/12/2019 FOH Petition to PUC to Reconsider 01/23/19 Approval Decision click here
11/16/2018 FOH Petition to Reverse PUC Approval of Line 3 click here
11/05/2018 FOH comments on Enbridge's compliance filing click here
10/26/2018 PUC Permit Approving Pipeline Route with Conditions click here
09/18/2018 FOH Motion to Clarify PUC Cert of Need Order of 9/5/2018 click here
07/30/2018 Comments of Intervenor Friends of the Headwaters (FOH) on Enbridge July 16 Compliance Filing click here
06/28/2018 Fact Sheet - Understanding the Pipeline Permit Process click here
06/08/2018 PUC Deliberation/Decision Schedule for June click here
06/08/2018 PUC Staff Briefing Document click here
05/09/2018 DNR Exceptions to Law Judge's Findings of Fact, Conclusions of Law and Recommendation click here
05/09/2018 PCA Exceptions to Law Judge's Findings of Fact, Conclusions of Law and Recommendation click here
05/09/2018 FOH Exceptions to Law Judge's Findings of Fact, Conclusions of Law and Recommendation click here
04/23/2018 Administrative Law Judge Findings of Fact, Conclusions of Law and Recommendation click here
02/26/2018 Redlined version of Enbridge's Proposed Findings of Facts, Conclusions of Law and Recommendations from FOH click here
02/16/2018 FOH Reply Brief click here
02/12/2018 Final (revised) EIS for Line 3 click here
01/23/2018 FOH Initial Legal Brief click here
01/11/2018 Administrative Law Judge’s FOURTH POST-HEARING ORDER click here
12/22/2017 Order Granting Motion for Adjustment of Briefing Schedule click here
12/19/2017 FOH Support for Motion to Suspend Briefing Schedule click here and here for exhibits
11/22/2017 FOH Exception Comments on Adequacy of Line 3 EIS click here
11/22/2017 DNR Comments on Line 3 Certificate of Need/Route click here
11/22/2017 PCA Comments on Line 3 Certificate of Need/Route click here
10/2/2017 FOH Comments on Final EIS Click here
09/01/2017 FOH Moves to Disqualify Judge Eric Lipman click here and here
08/23/2017 Final (non-revised) EIS for Line 3 and Comment Period click here
08/07/2017 Fifth Pre-Hearing Order and Schedule Click here
07/10/2017 FOH Comments on Draft EIS Click here "Accufacts" attachment to FOH Comments Click here
07/10/2017 Senator John Marty Comments on Draft EIS Click here
07/10/2017 Joint Legislator's Comments on Draft EIS Click here
06/20/2017 FOH Response to Notice Requesting Comments from Parties Regarding Timely Consideration of FEIS Adequacy Click here
05/15/2017 Draft Environmental Impact Statement for the Line 3 Pipeline Project Click here
12/5/2016 Environmental Impact Statement Preparation Notice & Schedule Line 3 Pipeline Project Click here
12/5/2016 Final Scoping Decision Document for Line 3 Pipeline Project Click here
09/29/2016 FOH Objection and Request for Clarification on Prehearing Order Click here
9/26/2016 FOH Motion to Extend or Reopen the EIS Scoping Period Click here
8/4/2016 FOH Response to Preliminary DOJ Consent Decree on Kalamazoo Spill Click here
6/6/2016 FOH Comments on Contested Case Schedule from Sandpiper CN Click here
5/26/2016 FOH Comments on Scoping in Sandpiper and Line 3 Replacement Click here
4/8/2016 Draft Scoping Decision Document for Line 3 Replacement Pipeline Project Click here
3/21/2016 Friends of the Headwaters Comments on Wisconsin DNR EIS for Sandpiper/Line3 - Click here
3/9/2016 Friends of the Headwaters MOTION TO ORDER THE DEPARTMENT OF COMMERCE TO RENEGOTIATE THE MEMORANDUM OF UNDERSTANDING, AND TO ESTABLISH AN EXPERT ADVISORY COUNCIL Click here for full motion or click here for a summary of motion
2/11/2016 Friends of the Headwaters RESPONSE TO MINNESOTA DEPARTMENT OF COMMERCE’S REQUEST FOR CLARIFICATION AND OTHER PARTIES’ MOTIONS FOR RECONSIDERATION Click here
2/11/2016 CARLTON COUNTY LAND STEWARDS’ RESPONSE TO MOTIONS TO RECONSIDER THE DOC JANUARY 11, 2016 ORDER Click here
1/11/2016 Order for Environmental Impact Statement Click here
10/30/2015 Friends of the Headwater's Comments on how to proceed in light of Court of Appeals ruling Click here
10/14/2015 North Dakota Pipeline Company LLC (“NDPC”) requests that the MN Supreme Court review the September 14, 2015, published decision of the Court of Appeals Click here
9/30/2015 Friends of the Headwaters Comments Concerning Line 3 Click here
9/14/2015 MN State Court of Appeals Judge Reverses Sandpiper Certificate of Need and Requires Environmental Impact Study Click here
8/24/2015 FOH Motion to reconsider Certificate of Need approval Click here
8/3/2015 Order Authorizing Recommencement of Route Permit Proceeding and Providing Direction for the Scope of the Comparative Environmental Analysis Click here for full notice
7/24/2015 Notice of Line 3 public meetings and open comment period Click here for full notice
6/5/2015 PUC Deliberation and Decision for Certificate of Need (St Paul) Click here for PUC decision
5/12/2015 FOH Commentary on Line 3 Application for Certificates of Need and Route Click here
5/12/2015 Carlton County Land Stewards Commentary on Line 3 Application for Certificates of Need and Route Click here
5/12/2015 Sterle Commentary on Line 3 Application for Certificates of Need and Route Click here
4/28/2015 Exceptions to the ALJ's Report by Friends of the Headwaters Click here
4/28/2015 Exception Attachment A by Friends of the Headwaters Click here Click here
4/28/2015 Exceptions to the ALJ's Report by Carlton County Land Stewards Click here
3/13/2015 Response Brief Final submitted to Office of Administrative Hearings for PUC by Friends of the Headwaters Click here
3/13/2015 Response Brief Proposed Finding of Fact submitted to Office of Administrative Hearings for PUC by Friends of the Headwaters Click here
3/13/2015 Response Brief Final submitted to Office of Administrative Hearings for PUC by Carlton County Land Stewards Click here
3/13/2015 Response Brief Proposed Finding of Fact submitted to Office of Administrative Hearings for PUC by Carlton County Land Stewards Click here
3/11/2015 FOH Court Appeal for Environmental Impact Study Click here
2/27/2015 Brief submitted to Office of Administrative Hearings for PUC by Friends of the Headwaters Click here
2/27/2015 Brief submitted to Office of Administrative Hearings for PUC by Carlton County Land Stewards Click here
1/23/2015 Sterle commentary submitted to Office of Administrative Hearings for PUC - Analyzing the need for the Sandpiper Pipeline - A Comparative Examination of the Modes of Crude Oil Transportation: Efficiency, Safety and Cost - click here
1/23/2015 Serious environmental concerns noted by Department of Natural Resources (MDNR) and MN Pollution Control Agency (MPCA)
Read 1/23/2015 comments by MPCA - click here
Read 1/23/2015 comments by MDNR - click here
System alternative routes discussed in the previous comments - click for map
12/18/2014 Dept of Commerce - Sandpiper Pipeline: Comparison of Environmental Effects of Reasonable Alternatives Click here
10/07/2014 PUC Order to Bifurcate Need from Route Permit and Study 6 System Alternate Routes Click here
Serious environmental concerns noted by Department of Natural Resources (DNR) and MN Pollution Control Agency (MPCA)
9/05/2023 FOH L93 Trust Letter click here
07/28/2023 FOH Additional Comments of Friends of the Headwaters click here
06/20/2023 FOH Letter to Alert Commission on 2 Developments Relevant to Enbridge Decommissioning Trust click here
04/19/2023 DOC - DER Supplemental Comments in Response to Enbridge Reply Comments click here
04/19/2023 FOH Supplemental Comments in Response to Enbridge Reply Comments click here
04/17/2023 DOC Independent Review of Enbridge Line 93 Decommissioning Cost Estimate Review (WSP USA) click here
04/12/2023 FOH Reply Comments in Response to the MN Dept of Commerce's 3/13/2023 Comments click here
03/13/2023 DOC Replies 1/3/2023 Comments and Enbridge's Draft Trust Agreement click here
03/13/2023 FOH Response to Enbridge's Draft Trust Agreement & 1/3/2023 Comments click here
01/11/2023 PUC Decommissioning Trust Fund Order click here
07/20/2022 FOH Supplemental Comments on Decommissioning Trust Fund click here
05/19/2022 FOH Comments on Decommissioning Trust Fund click here
07/27/2021 Legislators letter to MPCA requesting temporary suspension of 401 certification click here
06/14/2021 MN Court of Appeals Opinion Affirming PUC Approval (with dissenting opinion beginning
on page 59) click here
01/21/2021 FOH Request for Stay of Construction and EIS from Federal Army Corp of Engineers click here
12/02/2020 FOH Request for Stay of Construction to PUC click here
11/30/2020 FOH Statement of Appeal of MPCA 401 Permit click here
08/18/2020 An Open Letter to Governor Walz and Lt. Governor Flanagan click here
07/20/2020 PUC denies petitions to reconsider its Order Finding Environmental Impact Statement adequate, granting Certificate of Need as modified, and granting Routing Permit as modified (May 2020 Order) - click here for their ruling.
06/03/2020 MPCA grants contested case hearing on draft 401 water quality certification Click here for FOH considerations granted in order. Here for more info.
05/21/2020 FOH Petition for Reconsideration of PUC 5/1/20 Order click here
05/21/2020 DOC - DER Petition for Reconsideration of PUC 5/1/20 Order click here
05/01/2020 PUC Order Confirming CN and RP with Commissioner Schuerger's Dissent click here
01/06/2020 FOH Comments on revised final EIS click here for comments and here for appendix
05/17/2019 FOH Comments to DNR on Line3 Permits click here
02/12/2019 FOH Petition to PUC to Reconsider 01/23/19 Approval Decision click here
11/16/2018 FOH Petition to Reverse PUC Approval of Line 3 click here
11/05/2018 FOH comments on Enbridge's compliance filing click here
10/26/2018 PUC Permit Approving Pipeline Route with Conditions click here
09/18/2018 FOH Motion to Clarify PUC Cert of Need Order of 9/5/2018 click here
07/30/2018 Comments of Intervenor Friends of the Headwaters (FOH) on Enbridge July 16 Compliance Filing click here
06/28/2018 Fact Sheet - Understanding the Pipeline Permit Process click here
06/08/2018 PUC Deliberation/Decision Schedule for June click here
06/08/2018 PUC Staff Briefing Document click here
05/09/2018 DNR Exceptions to Law Judge's Findings of Fact, Conclusions of Law and Recommendation click here
05/09/2018 PCA Exceptions to Law Judge's Findings of Fact, Conclusions of Law and Recommendation click here
05/09/2018 FOH Exceptions to Law Judge's Findings of Fact, Conclusions of Law and Recommendation click here
04/23/2018 Administrative Law Judge Findings of Fact, Conclusions of Law and Recommendation click here
02/26/2018 Redlined version of Enbridge's Proposed Findings of Facts, Conclusions of Law and Recommendations from FOH click here
02/16/2018 FOH Reply Brief click here
02/12/2018 Final (revised) EIS for Line 3 click here
01/23/2018 FOH Initial Legal Brief click here
01/11/2018 Administrative Law Judge’s FOURTH POST-HEARING ORDER click here
12/22/2017 Order Granting Motion for Adjustment of Briefing Schedule click here
12/19/2017 FOH Support for Motion to Suspend Briefing Schedule click here and here for exhibits
11/22/2017 FOH Exception Comments on Adequacy of Line 3 EIS click here
11/22/2017 DNR Comments on Line 3 Certificate of Need/Route click here
11/22/2017 PCA Comments on Line 3 Certificate of Need/Route click here
10/2/2017 FOH Comments on Final EIS Click here
09/01/2017 FOH Moves to Disqualify Judge Eric Lipman click here and here
08/23/2017 Final (non-revised) EIS for Line 3 and Comment Period click here
08/07/2017 Fifth Pre-Hearing Order and Schedule Click here
07/10/2017 FOH Comments on Draft EIS Click here "Accufacts" attachment to FOH Comments Click here
07/10/2017 Senator John Marty Comments on Draft EIS Click here
07/10/2017 Joint Legislator's Comments on Draft EIS Click here
06/20/2017 FOH Response to Notice Requesting Comments from Parties Regarding Timely Consideration of FEIS Adequacy Click here
05/15/2017 Draft Environmental Impact Statement for the Line 3 Pipeline Project Click here
12/5/2016 Environmental Impact Statement Preparation Notice & Schedule Line 3 Pipeline Project Click here
12/5/2016 Final Scoping Decision Document for Line 3 Pipeline Project Click here
09/29/2016 FOH Objection and Request for Clarification on Prehearing Order Click here
9/26/2016 FOH Motion to Extend or Reopen the EIS Scoping Period Click here
8/4/2016 FOH Response to Preliminary DOJ Consent Decree on Kalamazoo Spill Click here
6/6/2016 FOH Comments on Contested Case Schedule from Sandpiper CN Click here
5/26/2016 FOH Comments on Scoping in Sandpiper and Line 3 Replacement Click here
- Exhibit 1 Expert Report of Dr. Thomas Gunton
- Exhibit 2 “Historical Monthly Bakken Oil Production Statistics, North Dakota Industrial Comm’n, Dep’t of Mineral Resources, Oil & Gas Division
- Exhibit 3 Richard Nemec, “Construction Starts on Dakota Access Pipeline,” Natural Gas Intelligence, May 2, 2016
- Exhibit 4 Dakota Access, LLC Fact Sheet, November 2015
- Exhibit 5 EIA Crude Oil Rail Transportation Statistics
- Exhibit 6 Final Supplemental Environmental Impact Statement for the Keystone XL Project, Executive Summary, January 2014
- Exhibit 7 United States Securities and Exchange Commission Form 10-Q for Enbridge Energy Partners, L.P., for the quarterly period ended September 30, 2014
- Exhibit 8 Final Damage Assessment and Restoration Plan/Environmental Assessment for the July 25-26, 2010 Enbridge Line 6B Oil Discharges near Marshall, MI, October 2015
- Exhibit 9 Final Supplemental Environmental Impact Statement for the Keystone XL Project, Appendix K (Historical Pipeline Incident Analysis)
- Exhibit 10 “Spills of Diluted Bitumen from Pipelines: A Comparative Study of Environmental Fate, Effects, and Response,” The National Academies Press, 2016
- Exhibit 11 “Where We Operate,” Marathon Pipe Line LLC, taken from www.marathonpipeline.com
- Exhibit 12 “Statistical Analysis of Straits of Mackinac Line 5: Worst Case Spill Scenarios,” University of Michigan Water Center, March 2016
- Exhibit 13 “Study of Root Cause and Contributing Factors: Keystone Pipeline Corrosion Anomaly Investigation Final Report,” February 13, 2013.
- Exhibit 14 “AC Corrosion Induced by High Voltage Power Line on Cathodically Protected Pipeline,” January 2014
- Exhibit 15 Screenshot of Department of Commerce Public Notices, taken from mn.gov/commerce/energyfacilities
- Exhibit 16 Direct Testimony of Paul Stolen, MPUC Docket No. PL-6668/CN-13-473, OAH Docket No. OAH-8-2500-31260, November 19, 2014
- Exhibit 17 Direct Testimony of Richard Smith, MPUC Docket No. PL-6668/CN-13-473, OAH Docket No. OAH-8-2500-31260, November 19, 2014
- Exhibit 18 Surrebuttal Testimony of Paul Stolen, MPUC Docket No. PL-6668/CN-13-473, OAH Docket No. OAH-8-2500-31260, January 21, 2015
- Exhibit 19 Surrebuttal Testimony of Richard Smith, MPUC Docket No. PL-6668/CN-13-473, OAH Docket No. OAH-8-2500-31260, January 21, 2015
- Exhibit 20 Enbridge, Inc. Crude Oil Pipeline Map
- Exhibit 21 Draft Guidance on Considering the Effects of Greenhouse Gas Emissions under NEPA, White House Council on Environmental Quality, December 2014
- Exhibit 22 “Criteria for Pipelines Co-Existing with Electric Power Lines,” The INGAA Foundation, October 2015
4/8/2016 Draft Scoping Decision Document for Line 3 Replacement Pipeline Project Click here
3/21/2016 Friends of the Headwaters Comments on Wisconsin DNR EIS for Sandpiper/Line3 - Click here
3/9/2016 Friends of the Headwaters MOTION TO ORDER THE DEPARTMENT OF COMMERCE TO RENEGOTIATE THE MEMORANDUM OF UNDERSTANDING, AND TO ESTABLISH AN EXPERT ADVISORY COUNCIL Click here for full motion or click here for a summary of motion
2/11/2016 Friends of the Headwaters RESPONSE TO MINNESOTA DEPARTMENT OF COMMERCE’S REQUEST FOR CLARIFICATION AND OTHER PARTIES’ MOTIONS FOR RECONSIDERATION Click here
2/11/2016 CARLTON COUNTY LAND STEWARDS’ RESPONSE TO MOTIONS TO RECONSIDER THE DOC JANUARY 11, 2016 ORDER Click here
1/11/2016 Order for Environmental Impact Statement Click here
10/30/2015 Friends of the Headwater's Comments on how to proceed in light of Court of Appeals ruling Click here
10/14/2015 North Dakota Pipeline Company LLC (“NDPC”) requests that the MN Supreme Court review the September 14, 2015, published decision of the Court of Appeals Click here
9/30/2015 Friends of the Headwaters Comments Concerning Line 3 Click here
9/14/2015 MN State Court of Appeals Judge Reverses Sandpiper Certificate of Need and Requires Environmental Impact Study Click here
8/24/2015 FOH Motion to reconsider Certificate of Need approval Click here
8/3/2015 Order Authorizing Recommencement of Route Permit Proceeding and Providing Direction for the Scope of the Comparative Environmental Analysis Click here for full notice
7/24/2015 Notice of Line 3 public meetings and open comment period Click here for full notice
6/5/2015 PUC Deliberation and Decision for Certificate of Need (St Paul) Click here for PUC decision
5/12/2015 FOH Commentary on Line 3 Application for Certificates of Need and Route Click here
5/12/2015 Carlton County Land Stewards Commentary on Line 3 Application for Certificates of Need and Route Click here
5/12/2015 Sterle Commentary on Line 3 Application for Certificates of Need and Route Click here
4/28/2015 Exceptions to the ALJ's Report by Friends of the Headwaters Click here
4/28/2015 Exception Attachment A by Friends of the Headwaters Click here Click here
4/28/2015 Exceptions to the ALJ's Report by Carlton County Land Stewards Click here
3/13/2015 Response Brief Final submitted to Office of Administrative Hearings for PUC by Friends of the Headwaters Click here
3/13/2015 Response Brief Proposed Finding of Fact submitted to Office of Administrative Hearings for PUC by Friends of the Headwaters Click here
3/13/2015 Response Brief Final submitted to Office of Administrative Hearings for PUC by Carlton County Land Stewards Click here
3/13/2015 Response Brief Proposed Finding of Fact submitted to Office of Administrative Hearings for PUC by Carlton County Land Stewards Click here
3/11/2015 FOH Court Appeal for Environmental Impact Study Click here
2/27/2015 Brief submitted to Office of Administrative Hearings for PUC by Friends of the Headwaters Click here
2/27/2015 Brief submitted to Office of Administrative Hearings for PUC by Carlton County Land Stewards Click here
1/23/2015 Sterle commentary submitted to Office of Administrative Hearings for PUC - Analyzing the need for the Sandpiper Pipeline - A Comparative Examination of the Modes of Crude Oil Transportation: Efficiency, Safety and Cost - click here
1/23/2015 Serious environmental concerns noted by Department of Natural Resources (MDNR) and MN Pollution Control Agency (MPCA)
Read 1/23/2015 comments by MPCA - click here
Read 1/23/2015 comments by MDNR - click here
System alternative routes discussed in the previous comments - click for map
12/18/2014 Dept of Commerce - Sandpiper Pipeline: Comparison of Environmental Effects of Reasonable Alternatives Click here
10/07/2014 PUC Order to Bifurcate Need from Route Permit and Study 6 System Alternate Routes Click here
Serious environmental concerns noted by Department of Natural Resources (DNR) and MN Pollution Control Agency (MPCA)
- Read 8/21/14 comments by MPCA here - part 1 and part 2
- Read 8/21/14 comments by DNR - click here
- Read 8/21/14 comments from Friends of the Headwaters (FOH) - click here