Articles
2012-13
Garbage Burning in Minnesota Gaining Steam?
By Samuel Johnson
In downtown Minneapolis, in the shadow of Target Field, sits the Hennepin Energy Recovery Center (HERC). HERC is a cornerstone piece of Minnesota’s plan to reduce landfill use as the state continues its quest to find greener solutions to its environmental problems. HERC burns approximately 365,000 tons of garbage a year, or just over one-third of Hennepin County’s total garbage production. See Hennepin County, The Hennepin County Energy Recovery Center: A Waste-to-Energy Facility, available at http://hennepin.us/HERC. Hennepin County currently operates HERC at 90% of capacity, but wants to increase capacity to 100% in order to take an additional 40,000 tons of garbage out of the waste stream each year. This plan has met with resistance from the Minneapolis City Council. See Rochelle Olson, Hennepin County: Standoff over trash burner’s capacity is rubbish, Star Tribune (Mar. 15, 2013). This article will address the concerns of the Minneapolis City Council (MCC), the Hennepin County Board (HCB), and the Minnesota Pollution Control Agency (MPCA) as it relates to Minnesota’s legislative goal of pursuing green energy and reducing reliance on landfills to dispose of our waste. Click here to read more.
Frac Sand Mining Moratorium Update April 2013
By Samuel Johnson
An article posted to this website in 2012 provides background material about frac sand in Minnesota and Wisconsin as well as information about moratoriums approved by governmental bodies in both states. This update shows the current status of the moratoriums as of January 2013. Notations in bold reflect changes that have occurred between September 2012 and January 2013. Click here to read more.
Forest Roads and Clean Water Act Update
By Professor Jay O’Laughlin
The Clean Water Act (CWA) mandates that the discharge of any pollutant by any person is unlawful, except in compliance with other provisions of the statute. The CWA provides the National Pollutant Discharge Elimination System (NPDES) permit program for pollutants discharged from a “point source”—defined as “any discernible, confined and discrete conveyance, including but not limited to any pipe, ditch, channel [etc.] from which pollutants are or may be discharged.” Litigation by the Northwest Environmental Defense Center (NEDC) challenged the longstanding U.S. Environmental Protection Agency (EPA) position that most silvicultural activities, including forest roads, are nonpoint sources and thus exempt from NPDES permit requirements. Click here to read more.
The Coal War Rages On
By Samuel Johnson
While North Dakota and Minnesota enjoy many cultural similarities and are generally amicable neighbors, the fight over clean and renewable energy—particularly the burning of lignite coal—is increasingly becoming a source of friction between the two states. See generally Patrick Zomer, The Carbon Border War: Minnesota, North Dakota, and the Dormant Commerce Clause, 8 U. St. Thomas. L.J. 60 (2010). North Dakota has one of the country’s largest reserves of lignite coal, a younger form of coal than bituminous and anthracite coal which, because it has not completely transformed from peat to a mature coal, has a higher sulfur content and, thus, is a greater polluter than other types of coal. Since it is inefficient to transport lignite coal long distances, it is commonly burned close to the mine, usually as a source of fuel to generate electricity. Click here to read more.
Goodhue Wind Project Update
By Samuel Johnson
In the continuing saga of the Goodhue Wind Project, the Court of Appeals handed the developers a significant victory on June 25, when they upheld the decision of the Minnesota Public Utilities Commission (MEPC) to disregard Goodhue County’s setback requirements. In re AWA Goodhue Wind, LLC, No. A11-2229, 2012 WL 2369004 (Minn. Ct. App. June 25, 2012). Goodhue County had passed an ordinance requiring a 10 rotor-diameter (RD) setback distance. The rotors in question have a diameter of 271 feet. This would mean a setback distance of 2,710 feet, or just over half-a-mile. This setback distance far exceeds the 6-RD setback distance traditionally required of developers. Click here to read more.
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