Court of Appeals Denies Motion to Stop Line 3
St. Paul, MN – On February 2, the Minnesota Court of Appeals granted Enbridge the go-ahead to continue construction on the Line 3 pipeline. The ruling denied a lawsuit to stop construction made by the Red Lake Band of Chippewa, the White Earth Band of Ojibwe, the Sierra Club, Honor the Earth, and Friends of the Headwaters.
The lawsuit was filed on November 12, 2020, relating to the process taken by the Minnesota Pollution Control Agency in approving the certification of the Clean Water Act Section 401.
In an emailed press release on Tuesday night, the Sierra Club gave the following statements from “coalition members who have been fighting this project for years,” which includes Winona LaDuke, Frank Bibeau, Joe Plumer, Andy Pearson, Margaret Levin, and Richard Smith. Statements from Pearson, Levin, and Smith can be read at the bottom of this article:
“The climate and fossil-fuel directives coming quickly from the new president – plus the rapidly increasing investment in and growth of renewable energy – make it clear the era of carbon-loaded oil pipelines is coming to a close. On January 26, DAPL lost its appeal to overturn a federal ruling to shut that pipeline down. It’s jarring that the Minnesota court did not recognize these executive and judicial developments, or the strong green trends in the market.”
– Winona LaDuke, Executive Director and co-founder of Honor the Earth
“The Red Lake Nation is very disappointed that the Minnesota Courts place more weight on the employment of out of town pipeline workers than it does the irreparable harm that construction causes to our water, wild rice, and forests.”
– Joe Plumer, attorney for Red Lake Nation
“It’s disappointing – We will endeavor to persevere.”
– Frank Bibeau, attorney for the White Earth reservation
Since the mid-November approval of the permits to construct Line 3, water protectors have staged a consistent series of civil disobedience actions and rallies demanding the permits be revoked.
(In-depth report – January 11, 2021) Resistance to Line 3: Direct Actions Aim to Stop Construction
Numerous resistance camps have sprung up in Northern Minnesota, halting construction daily with people locking down to construction equipment and trucks, human and car blockades, and entering work sites. Elected politicians have also joined the growing collective call to stop Line 3.
A large rally in Saint Paul on Friday, January 29, featured the first Indigenous State Senator, Mary Kunesh (DFL-SD41), as well as Sen. Jen McEwen (DFL-SD7), who spoke alongside Indigenous water protectors.
(January 29, 2021) Opposition to Line 3 Mounts
U.S. Rep. Ilhan Omar (DFL-MN5) visited the pipeline’s easement on Saturday, announcing support for the water protectors. “It is going to be really important for people to raise their voice. There’s still an opportunity to stop [Line 3 pipeline]. We know that our governor has the ability to do something and has chosen not to, and Biden, at the moment, has taken action on some of the pipelines across the country and we are urging him to take action in regards to this one because he has that ability.”
Rep. Omar also wrote a letter urging President Biden to stop Line 3 construction.
Today, I led a letter to President Biden urging him to stop the construction of the Line 3 pipeline.
Climate change does not stop at the border of a reservation or a state or a country—it impacts us all.
The Biden Administration can and must act to stop Line 3. pic.twitter.com/ji5rHqS5Gc
— Rep. Ilhan Omar (@Ilhan) February 3, 2021
On Monday, February 1, a water protector climbed onto a section of Line 3 pipeline, halting construction for over seven hours. During a live stream from Camp Migizi at the construction site, water protectors said they were “preventing workers from putting the pipe onto frozen sand bags which would have damaged the structural integrity of the pipeline.“
” this is what necessity looks like! ” #StopLine3
Posted by Camp Migizi on Monday, February 1, 2021
The next day, hours before the Minnesota Court of Appeals released their ruling, around 50 water protectors from Camp Migizi shut down construction at a site near Cloquet, Minnesota.
Two water protectors locked down to an excavator laying pipe. One of those who locked down said: “Our state laws are not working in the public interest and for the public good. We are endangering future generations… and that’s got to stop.”
LIVE: over 50 water protectors shutting down Line 3 construction right now with Camp Migizi! They’re standing with two brave defenders locking down to construction equipment onsite.
Watch the livestream: https://t.co/dN7PfnGVkq
Support the movement: https://t.co/Q48AZ2iRZ0 pic.twitter.com/6OncHTO4Qo
— Resist Line 3 (@ResistLine3) February 2, 2021
As the court case was another victory for Enbridge, water protectors are holding onto hope. Efforts to halt construction are expected to continue through the final cold stretches of winter as Enbridge works around the clock in attempting to finish construction in Minnesota by the end of 2021.
“Given the Biden Administration’s recent Executive Order to halt the Keystone pipeline — which is really a twin of the Line 3 tar sands oil pipeline — we are deeply disappointed in today’s decision not to support an overturn of the stay request from the Red Lake and White Earth tribes and Friends of the Headwaters to halt the rapid and dangerous construction of Line 3 during the Covid-19 pandemic.”
“Line 3 is in court because multiple Native nations, grassroots groups, and the Minnesota Department of Commerce have argued its approval violated state law.”
– Andy Pearson, Midwest Tar Sands Coordinator with MN350
“These groups deserve their day to be heard. It’s time for President Biden to stop Line 3 like he stopped Keystone XL. Any further delay in stopping construction means irreversible harm to more treaty territory and more pieces of pipe in the ground that are fundamentally incompatible with the Paris Climate Accord. […] We are disappointed that the Court is allowing Enbridge to continue their construction assault on Minnesota’s natural environment, but we will continue our vigorous legal fight against the Line 3 pipeline.”
– Richard Smith, president of Friends of the Headwaters
“This decision is bitterly disappointing. Indigenous leaders, organizers, landowners, and allies have stood on the frontlines for years to fight this pipeline, which would disrupt Minnesota communities, pollute our water, and harm our climate. Now more than ever, it’s up the Biden Administration to cancel this project once and for all.”
– Margaret Levin, State Director of the Sierra Club North Star Chapter
The water protectors have stood by their claims that the Line 3 project violates treaty rights, causes degradation to the environment, and “man camps” where workers live contribute to the epidemic of Missing and Murdered Indigenous Women and Relatives (MMIW).
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Unicorn Riot's Line 3 Oil Pipeline Coverage:
- Landing Page for all Unicorn Riot Line 3 Resistance Coverage
- Minnesota Attorney General Keith Ellison Speech Disrupted by Water Protectors - October 8, 2021
- Over 50 Line 3 Pipeline Protesters Arrested Outside MN Governor’s Residence - September 22, 2021
- Police Break Up Ceremony and Indigenous-Led #StopLine3 Occupation - August 31, 2021
- Hundreds March from Governor Residence, Urge Chase Bank Defund Line 3 - August 31, 2021
- First Trial from Treaty People Gathering Ends in Acquittal - August 23, 2021
- Line 3 Opponent Sentenced to Thirty Days in Jail - August 19, 2021
- Enbridge Spills 10,000 Gallons of Line 3 Drilling Fluid - August 16, 2021
- Line 3 Fusion Center Data Declared Secret - August 4, 2021
- Judge Orders Sheriff to Halt Harassment of Line 3 Resistance Camp - July 24, 2021
- Water Protectors Occupy Work Sites and Lock Down to Line 3 Pipeline Construction - July 1, 2021
- Hubbard County Barricades Private Property, Imprisons Water Protectors - June 28, 2021
- Indigenous-Led Blockades Occupy Line 3 Pipeline Sites - June 10, 2021
- Rising Up to the Heat: ‘Treaty People Gathering’ Resists Line 3 Pipeline - June 7, 2021
- Activists Serve Denver Wells Fargo Eviction Notice - May 3, 2021
- Appealing Line 3 Pipeline: Supply and Demand at Root of Hearing - March 23, 2021
- Caravan Disrupts Line 3 Construction Routes, Carlton County Triggers Backlash - March 13, 2021
- Treaty Rights Asserted During Creation of White Earth Camp - March 13, 2021
- 70 Water Protectors Cited, 1 Arrested During Line 3 Commemorative Rally - March 4, 2021
- Bipod and Car Blockade Jam Up Line 3 Construction - March 2, 2021
- Three Lock Down Inside Line 3 Pipeline For 6+ Hours - Feb. 21, 2021
- Lockdown to Keep it in the Ground: Line 3 Resistance - Feb. 15, 2021
- Court of Appeals Denies Motion to Stop Line 3 - Feb. 3, 2021
- Opposition to Line 3 Mounts - Jan. 29, 2021
- Resistance to Line 3: Direct Actions Aim to Stop Construction - Jan. 11, 2021
- Enbridge Line 3 Construction Blocked by Activists in Northern Minnesota - Nov. 18, 2020
- Protests After Permits for Line 3 Oil Pipeline Approved - Nov. 17, 2020
- ‘No KKKops, No Pipelines’ Banner Dropped in Minneapolis - Oct. 6, 2020
- “Divest from Climate Change!” Chase Bank Branch Protested on Opening Day - Nov. 7, 2019
- March to Protect The Sacred on Indigenous People’s Day 2019 - Oct. 14, 2019
- Hundreds Rally in Opposition to Line 3 Tar Sands Pipeline in Minnesota - Sept. 28, 2019
- Direct Action in Minnesota as Line 3 Pipeline Approval Reversed - June 3, 2019
- Multi-Agency Task Force Prepares “Rules of Engagement” For Line 3 Protests - Feb. 11, 2019
- ‘Valve Turners’ Shut Down Enbridge Oil Pipelines in Minnesota - Feb. 4, 2019
- Arts, Culture, and Hip Hop Resist Line 3 as Lawsuits Against Approval Continue - Dec. 29, 2018
- Minnesota Police Train at Military Base as Line 3 Pipeline Protests Escalate - Oct. 25, 2018
- Judge Accepts Water Protectors’ Climate Change Necessity Defense - July 18, 2018
- Line 3 Oil Pipeline Approved By Minnesota Regulators - June 28, 2018
- As Line 3 Oil Pipeline Decision Looms, Indigenous Resistance Increases - June 26, 2018
- Interfaith Community Delivers Letter of Line 3 Opposition to Minnesota Government Offices - June 4, 2018
- Minnesota Public Utilities Commission Requests Line 3 Schedule Change - Jan. 10, 2018
- Rally Against Line 3 Minnesota Pipe Yards - Dec. 11, 2017
- Resistance to Line 3 Pipeline Seeks to Save Sacred Manoomin - Oct. 9, 2017
- Direct Action Ramps Up Resistance to Line 3 - Sept. 18, 2017