Young people from Duluth and environmental groups oppose new fossil fuel power plant at Court of Appeals

ST. PAUL, MINNESOTA -- Today, environmental groups presented their oral argument asking the Minnesota Court of Appeals to overturn the Minnesota Public Utilities Commission’s (PUC’s) approval of the Nemadji Trail Energy Center (NTEC), a gas power plant proposal in Superior, Wisconsin. Minnesota Center for Environmental Advocacy, Sierra Club, and the Union of Concerned Scientists appealed the PUC’s 3-2 decision approving the gas power plant proposed by Minnesota Power and Dairyland Power. The groups’ appeal argues that no environmental review was conducted prior to the decision, and that the Commission failed to comply with Minnesota law that prohibits new fossil fuel electricity unless it is proven that clean energy cannot meet the utility’s needs. Honor the Earth also separately appealed the decision, and a group of young people from Duluth named Friends of the Climate filed a “friend of the court” brief in support of the appeals.

The climate impact of this proposed gas plant is a central issue in this appeal. NTEC, if constructed, would add millions of tons of greenhouse gas pollution to the atmosphere over its operational life. Despite this fact and the plain language of the Minnesota Environmental Policy Act, the Minnesota PUC decided that no environmental review of its decision was required before approving the proposed plant. In addition, the Minnesota PUC ignored an administrative law judge who found that renewable energy and energy efficiency could meet the power needs of Minnesota Power customers at a lower cost and with less environmental impact.

“Our future is at stake, which is why we’ve joined this case to advocate for young people,” said Izzy Laderman of Friends of the Climate. “Locking in decades of pollution when we need immediate action to avoid a climate disaster is a terrible idea.” “We are in a climate crisis. Building a new fossil fuel power plant is the opposite of what we should be doing,” stated Evan Mulholland, Staff Attorney at the Minnesota Center for Environmental Advocacy. “Even Minnesota Power’s industrial customers have opposed this plant because it is expensive and unneeded.”

“Minnesota law authorizes the Public Utilities Commission to approve new fossil fuel generation only when the utility has proven that clean energy is unable to meet its needs,” said Laurie Williams, Staff Attorney at the Sierra Club. “That is not the case for this proposed gas plant: an Administrative Law Judge determined that clean energy could indeed meet Minnesota Power's needs, and that clean energy would be cheaper than a large, new, fossil fuel power plant. The Commission's decision to ignore the ALJ’s sound recommendations was unsupported by the facts, and should be overturned.”

"Recent analysis by our climate scientists shows that the Midwest will face more extreme heat waves if we don’t take bold action to reduce heat-trapping emissions,” said James Gignac, lead Midwest energy analyst for the Union of Concerned Scientists. “Approving unnecessary gas plants like this one today will impact our cities and states for decades to come when cleaner, less expensive options are better choices for Minnesotans.”

The Minnesota Court of Appeals has up to ninety days to issue their decision after the oral argument.

ADVISORY: Friends of the Climate will hold a press event at 1 PM today at Lake Superior Plaza, 14 W. Superior Street, Duluth.
For more information, contact JT Haines, jhaines@mncenter.org, (o) 218-464-4203, (m) 612-743-7781.