ELR Citation: 51 ELR 20109
No(s). A20-1071, A20-1072, A20-1074, A20-1075, and A20-1077 (Minn. App. Ct. Jun 14, 2021)

A state appellate court upheld, 2-1, a certificate of need and routing permit granted by the Minnesota Public Utilities Commission for replacement of a portion of the Line 3 oil pipeline. Native American tribes and environmental groups challenged the Commission's decision to grant the certificate of need and its decisions to approve a revised final EIS and grant a routing permit. The court found that the Commission addressed an earlier concern regarding the failure to consider in its revised final EIS the impact of an oil spill on the Lake Superior watershed, that substantial evidence supported the Commission's decision to issue a certificate of need, and that the Commission reasonably selected a route for the replacement pipeline based on respect for tribal sovereignty while minimizing environmental impacts. It therefore upheld the Commission's decisions.