701-566-9300Recently, a gaggle of officials on the Federal Environmental Law Impact Review Committee (FELIRC) met to discuss several issues that are being dealt with in this realm. Here is a sampling of those in attendance so you know whom I am speaking of; North Dakota state agencies including the Public Service Commission, Department of Agriculture, Office of the Governor, Department of Mineral Resources, Department of Water Resources, Department of Transportation, Department of Environmental Quality; and State Legislators along with the major commodity groups, Farmers Union and Farm Bureau, as well as oil, coal, and utilities. Having met last in April, roughly 20 people were present for the following five agenda items:
Waters of the U.S. (WOTUS) – a lead attorney from Colorado gave a presentation over Zoom and told us that an injunction came in stopping WOTUS. This stemmed from the Sackett litigation in Idaho, so the Environmental Protection Agency (EPA) will be updating regulations based on the Supreme Court decision. This will take time.
Dakota Access Pipeline (DAPL) Environmental Impact Statement (EIS) – 38 tribes along the Missouri River have weighed in with those opposed to the pipeline that takes most North Dakota crude away every day. At issue is the crossing which is under the river south of Mandan. Ordered to do another, the Army Corps of Engineers has not weighed in (which they are required to do) on their second EIS after approving the current corridor. If the pipeline is shut down or forced to move, the impact is estimated by some to be about $3 billion yearly to North Dakota alone. Trucks and trains would become the mode, so transportation of ag commodities could be impacted to some degree, to say the least.
Chlorpyrifos – the EPA revoked registration, 8th Circuit Court of Appeals has the pending decision.
Drain Tiling – the U.S. Fish and Wildlife Service is changing setback determinations in a proposed rule. Not done yet.
EPA Pesticide Registration – herbicide registrations will now be approved considering endangered species. A point system is being developed.
The North Dakota Department of Agriculture Commissioner hosted the meeting which included some updates from the department.