ELR Citation: 51 ELR 20168
No(s). A20-1513 (Minn. Ct. App. Aug 30, 2021)

A Minnesota appellate court affirmed the Minnesota Pollution Control Agency's (MPCA's) decision to issue a CWA §401 certification for the Line 3 crude oil pipeline replacement project. Native American tribes and environmental groups challenged the decision, arguing the MPCA failed to consider alternative routes for the pipeline, improperly determined that the project would comply with state water quality and wetlands standards, improperly limited the scope of its authority under §401 to discharges and construction impacts, and improperly shifted the burden of proof to them. The court found the MPCA's decision was supported by substantial evidence in the record, and therefore affirmed the decision.