Motion to Intervene/Extend Comment Period filed

Filed under:Bemidji-Grand Rapids — posted by admin on August 9, 2010 @ 8:31 am

Today NoCapX 2020 and United Citizen Action Network have filed a Motion to Intervene in the CapX Bemidji-Grand Rapids case.  Why?  Because the comments of the EPA show that there are serious problems with the EIS and that issues raised may well be determinative of the route, as they were in the Brookings case, where similar info came out way too late to take into account in routing, leading to a bogus routing process and remand back to the ALJ.


Looking at the EPA comments, and of course, what else is there from other agencies who must be as concerned, it seems MOES isn’t able to put together an EIS that can pass federal scrutiny, that is up to federal NEPA standards.  Is it any wonder that they don’t want to do environmental review with RUS on the CapX Hampton-LaX (Alma) line?

Here’s what we filed this morning (busy morning!):

Motion to Intervene in CapX Bemidji-Grand Rapids routing docket

Affidavit of Overland – unexecuted – will file notarized SOON!

Exhibit A – EPA Comments – April 15, 2010

Exhibit B – Brookings – USFWS April 30, 2009 Comments

Exhibit C – Brookings – USFWS November 30, 2009 Comments

Exhibit D – Brookings – DNR November 30, 2009 Comments

Exhibit E – Brookings – DNR February 8, 2010 Comments

Exhibit F – DOT November 30, 2009 Comments

Exhibit G – Commerce/MOES Hampton-LaCrosse Scoping Decision

CapX Hampton-LaX(Alma) Scoping Decision out

Filed under:Hampton-Alma-LaCrosse,Uncategorized — posted by admin on @ 6:34 am

Here’s the Dept. of Commerce scoping decision, read it and barf:

CapX Hampton-LaCrosse (Alma) Scoping Decision

There are just a few short days to appeal this to the Commissioner.  Here’s NoCapX 2020 and United Citizen Action Network appeal to the Director, just filed:

NoCapX & U-CAN Appeal of Scoping Decision

Initial Scope – Bemidji-Grand Rapids for reference

… and of course the Scoping Decision does not contain one mention of Rural Utilities Service and its concurrent Environmental Impact Statement, nor is there any notice of Minn. R. 4410.3900, which states:


Subpart 1.  Cooperative processes.

Governmental units shall cooperate with federal agencies to the fullest extent possible to reduce duplication between Minnesota Statutes, chapter 116D, and the National Environmental Policy Act, United States Code 1976, title 42, sections 4321 to 4361.

Subp. 2.  Joint responsibility.

Where a joint federal and state environmental document is prepared, the RGU and one or more federal agencies shall be jointly responsible for its preparation. Where federal laws have environmental document requirements in addition to but not in conflict with those in Minnesota Statutes, section 116D.04, governmental units shall cooperate in fulfilling these requirements as well as those of state laws so that one document can comply with all applicable laws.

Subp. 3. Federal EIS as draft EIS.

If a federal EIS will be or has been prepared for a project, the RGU shall utilize the draft or final federal EIS as the draft state EIS for the project if the federal EIS addresses the scoped issues and satisfies the standards set forth in part 4410.2300.