Star Tribune
Federal judge temporarily blocks plans for a power line in Mississippi River wildlife refuge
MADISON, Wis. — A federal judge has temporarily blocked plans to build a high-voltage power line across a Mississippi River wildlife refuge, saying he wants to see documents detailing the lead-up to the project’s approval.
U.S. District Judge William Conley issued a preliminary injunction on Thursday preventing American Transmission Company, ITC Midwest and Dairyland Power Cooperative from beginning construction on a one-mile portion of the Cardinal-Hickory Creek transmission line that would cross the refuge. He extended the injunction indefinitely following a hearing in Madison on Friday morning.
The 345-kilovolt power line would run 102 miles (164 kilometers) between Iowa’s Dubuque County and Wisconsin’s Dane County. A section of the line would cross the Upper Mississippi River National Wildlife and Fish Refuge near Cassville, Wisconsin.
The refuge serves as a haven for fish, wildlife and migratory birds that use it as breeding grounds. It is the only stopping point left for many migratory birds that use the Mississippi Flyway. Conservationists fear the transmission line will damage the refuge and have been working for years to stop the project in court.
The National Wildlife Refuge Association, the Driftless Area Land Conservancy and the Wisconsin Wildlife Federation filed a federal lawsuit earlier this month. The groups allege the U.S. Fish and Wildlife Service issued final approvals for the refuge crossing in February without giving the public a chance to comment. They also argue that the agency and the utilities improperly reached a deal calling for the utilities to transfer about 36 acres (15 hectares) south of Cassville to the refuge in exchange for 19 acres (8 hectares) within the refuge for the power line.
The conservationists told the judge they needed an injunction quickly because the land deal was set to close Friday and the utilities have already positioned construction equipment on the edges of the refuge.
Attorneys for both sides sparred for about 90 minutes in front of Conley on Friday morning.
The conservationists’ lawyer, Howard Learner, told Conley that FWS released final documents this past February that found the land deal would have no significant impact on the refuge without offering the public a chance to comment on it.
He also argued that FWS never considered whether the power line would be a compatible use for refuge land as required by the 1997 National Wildlife Refuge System Act.
Reade Wilson, a U.S. Department of Justice attorney representing FWS, countered that the conservation groups commented on an environmental assessment of the project released in September and the agency was under no obligation to open up the no-impact finding for public comment. She went on to contend that the compatibility test doesn’t apply to a land exchange. Conley seemed incredulous, saying she was asking him to ignore that a power line would be running across the land.
In the end, Conley said he would extend the injunction until the parties provide him with a more extensive record of what steps were and weren’t taken during the run-up to the final approval in February. He said once the record was made available, the attorneys would have 30 days to submit briefs.
Outside of court, Learner said the conservationists were pleased to see Conley extend the injunction. The Driftless Area Land Conservancy and the Wisconsin Wildlife Federation issued a joint statement praising the decision.
”We should not set a precedent that a simple land swap is all it takes to plow through a national treasure,” Driftless Area Land Conservancy Executive Director Jennifer Filipiak said in the statement.
Wilson referred questions to U.S. Justice Department spokesperson Matthew Nies, who declined to comment.
ITC Midwest and Dairyland Power officials released a joint statement after the hearing saying the utilities disagree with the injunction. FWS acted within its legal authority under federal law and the line will help deliver reliable electricity from renewable sources to customers, they said.
The utilities added that they’re striving to minimize the environmental impact within the refuge, in part by avoiding any grading.
American Transmission Company spokesperson Jody Lau said in an email that the company finished its portion of the power line in December. She said the line is safe and reliable and the company looks forward to the full line going into service.
Lt. Gov. Peggy Flanagan and her daughter were among the throngs Friday as President Joe Biden delivered the apology that many Indigenous Americans thought would never come.
“I think he really said the things that people have been waiting to hear for generations, acknowledged just the horror and trauma of literally having our children stolen from our communities,” said Flanagan, a member of the White Earth Band of Ojibwe. “It’s a powerful first step towards healing.”
Hundreds of boarding schools operated in the 19th and 20th centuries, separating Indigenous children from their families and forcing them to assimilate to European ways. Many children were abused, and at least 973 died, according to a report from the U.S. Department of the Interior.
Other Minnesotans reacted similarly to Flanagan, saying they welcomed the apology but that additional action is needed to help Indigenous people move forward.
Anton Treuer, a professor of Ojibwe at Bemidji State University, wrote in a newsletter that the apology was “a welcome first step on the journey to healing.”
“There is no way to truly right historical injustices for the children buried at Carlisle, Haskell, and other schools, but these words set a new tone for the country and will help heal the anguish so many Natives have carried for so long,” Treuer wrote. “It gives me hope that we can come together to reconcile and heal our troubled nation.”
Sen. Mary Kunesh, DFL-New Brighton, the first Indigenous woman to serve in the state Senate, called Biden’s apology encouraging.
“This recognition of past wrongdoings is an important step towards healing relationships between the United States and the sovereign nations affected by these past systems,” Kunesh said in a statement. “This dark period of American history must be remembered and taught.”
“I have done everything in my power to remedy this situation, and it continues to get more and more violent by the day,” Moturi wrote. “There have been numerous times when I’ve seen Sawchak outside and contacted law enforcement, and there was no response. I am not confident in the pursuit of Sawchak given that Sawchak attacked me, MPD officers had John detained, and despite an HRO and multiple warrants — they still let him go.”
On Friday, five City Council members sent a letter to Mayor Jacob Frey and Police Chief Brian O’Hara expressing their “utter horror at MPD’s failure to protect a Minneapolis resident from a clear, persistent and amply reported threat posed by his neighbor.”
Council Members Andrea Jenkins, Elliott Payne, Aisha Chughtai, Jason Chavez and Robin Wonsley went on to allege that police had failed to submit reports to the County Attorney’s Office despite threats being made with weapons, and at times while Sawchak screamed racial slurs. Sawchak is white and Moturi is Black.
The council members also contend in their letter that the MPD told the County Attorney’s Office that police did not intend to execute the warrant for “reasons of officer safety.”
At a Friday afternoon news conference at MPD’s Fifth Precinct, O’Hara said police had been working to arrest Sawchak since at least April, but “no Minneapolis police officers have had in-person contact with that suspect since the victim in this case has been calling us.” The chief pointed out that Sawchak is mentally ill, has guns and refuses to cooperate “in the dozens of times that police officers have responded to the residence.”
O’Hara put aside the option to carry out “a high-risk warrant based on these factors [and] the likelihood of an armed, violent confrontation where we may have to use deadly force with the suspect.” The preference, he said, was to arrest Sawchak outside his home, but “in this case, this suspect is a recluse and does not come out of the house.”
ROCHESTER – The Federal Transit Administration has green-lighted an $85 million grant supporting the development of the city’s planned Link Bus Rapid Transit system.
The FTA formally announced the grant on Friday during a ceremonial check presentation outside of the Mayo Civic Center, one of the seven stops planned for the bus line. The federal grant will cover about 60% of the project’s estimated $143.4 million price tag, with the remaining funds coming from Destination Medical Center, the largest public-private development project in state history.
Set to go live in 2026, the 2.8-mile Link system will connect downtown Rochester, including Mayo Clinic’s campuses, with a proposed “transit village” that will include parking, hundreds of housing units and a public plaza. The bus line will be the first of its kind outside the Twin Cities — with service running every five minutes during peak hours.
“That means you may not even need to look at a schedule,” said Veronica Vanterpool, deputy administrator for the FTA. “You can just show up at your transit stop and expect the next bus to come in a short time. That is a game changer and a life-transformational experience in transit for those people who are using it and relying on it.”
The planned Second Street corridor is already one of the busiest roads in Rochester, carrying more than 21,800 vehicles a day, and city planners have talked for years about ways to reduce traffic congestion in the city’s downtown. Local officials estimate that the transit line, which will rely on a fleet of all-electric buses, will handle 11,000 riders on its first day of operation and save eight city blocks of parking.
Speaking to a crowd of about 100 people gathered on Friday, Sen. Amy Klobuchar said the project shows Rochester is thinking strategically about how it handles growth.
“If you just plan the business expansion, and you don’t have the workforce, you don’t have the child care, the housing or the transit, it’s not going to work very well as a lot of communities across the nation have found,” Klobuchar said.
