Permit upheld. WCCO reports: “The Minnesota Court of Appeals has affirmed the Minnesota Pollution Control Agency’s approval of a key environmental permit in Enbridge Energy’s Line 3 pipeline replacement project. … In court papers filed Monday, the appeals court ruled the MPCA used ‘substantial evidence’ in its decision to grant the pipeline’s 401 certification. A 401 certification is required whenever an activity results in any discharge into waters.”
Some not-great COVID news. The Star Tribune’s Jeremy Olson reports: “Minnesota identified another 2,895 coronavirus infections among fully vaccinated people over the past week, according to new state data reported Monday, raising the total identified breakthrough infections in the state to 12,559. … Breakthrough infections have now been identified in 0.42% of the more than 3 million fully vaccinated Minnesotans — an increase from early July when they were only found in 0.11% of fully vaccinated individuals. State health officials said some increase was expected as Minnesota’s vaccination rate has increased, but that the shots continue to provide strong protection against severe cases of COVID-19 that result in hospitalizations and deaths.”
Some better COVID news. Also in the Star Tribune, Christopher Snowbeck reports: “A subset of COVID-19 patients who received infusions of laboratory-made antibodies ran a lower risk of requiring hospital care for their illnesses, according to a Mayo Clinic study released Monday. … The report in the journal Lancet EClinical Medicine suggests that certain monoclonal antibody treatments can help patients with mild to moderate symptoms who are at high-risk of serious COVID-19 illness due to other health conditions.”
Following up on this story. In the Pioneer Press, Mara H. Gottfried reports: “A dispute led to the shooting of an 18-year-old man who was driving in St. Paul on Sunday night, police said Monday. … Police said Sunday night that preliminary information indicated the Dayton’s Bluff shooting may have been related to road rage, but Sgt. Natalie Davis said Monday that ‘further investigation has ruled that out. It appears the shooting stemmed from a dispute that occurred earlier in the evening at another location.’”
In other news…
Very sad: “Tunnel explorer dies after being washed into Mississippi River during storm” [Star Tribune]
Acquitted: “Roseville man acquitted in fatal shooting on St. Paul’s Grand Avenue” [KSTP]
Hard to pin down: “Gold medalist Gable Steveson having fun as he considers next move” [MPR]
A tough case to crack: “Squirrel stashes nuts in Minnesota deputy’s squad car” [KMSP]
For those unfamiliar with appellate review of an agency’s action, “substantial evidence” is the standard used to determine whether the decision is legally valid. Agencies are given deference by the courts in regard to decisions within the agency’s area of expertise. It does not mean the court agrees with the agency’s decision, only that it had enough support in the record so as not to be arbitrary or capricious. Another way of looking at is that the court asks itself whether the action was one of the potentially many reasonable choices available to the agency based on the record before it.
Well said.
I wonder if the legal challenges will go on after the pipeline is finished in a couple of weeks.
The pipeline is almost done.
No legal action or protest will stop it now.