Friends of the Headwaters v. Minnesota Pollution Control Agency (In re 401 Certification for Line 3 Replacement Project)

Environmental groups and tribes challenged the Clean Water Act Section 401 water quality certification by the Minnesota Pollution Control Agency (MPCA) for Enbridge Energy’s Line 3, a crude oil pipeline that would cross Minnesota to reach a terminal and tank farm in Wisconsin. The petitioners identified four sets of issues they would raise on appeal, one of which was “[w]hether MPCA’s refusal to consider climate or tribal impacts complied with the requirements of Minnesota and federal law.”