SCOTUS arguments begin Monday | LEC submits comments to Ethics Commission | Signatures for constitutional measure | Project Tundra approved | USGS Critical Minerals list
A groundbreaking legal case will be heard next Monday that has a significant impact on North Dakota’s lignite industry. At the heart of the case is what is referred to as “the major questions doctrine,” which ensures that Congress must provide clear authorization to an executive branch agency when it intends to grant that agency the power to make decisions of vast economic and political significance.
The case – brought through four separate lawsuits filed by Lignite Energy Council member North American Coal Corporation, North Dakota, West Virginia, and Westmoreland Mining Holding – was consolidated into one case now referred to as West Virginia v. EPA. It calls into question whether the EPA has overreached its granted authority and whether the EPA is allowed to transform the American energy market at a significant cost to industry and the public, without clear authorization from Congress.
The Lignite Energy Council was granted standing by the Supreme Court to file an amicus curiae (friend of the court) briefing in support of the petitioners. To amplify the coal industry’s voice in the court record, LEC, along with its members and allies, recruited 13 additional state coal associations to join the amicus briefing. The comments can be viewed here: https://bit.ly/3slkkQL
Link to hear the live arguments: https://www.supremecourt.gov/oral_arguments/live.aspx
The five-member Ethics Commission met Wednesday to hear public comments on proposed rules addressing the disclosure of conflicts of interest and campaign donations for state officials as well as members of boards – such as the North Dakota Public Service Commission and North Dakota Industrial Commission. The Lignite Energy Council and North Dakota Petroleum Council submitted testimony that supported the Greater North Dakota Chamber’s constitutional arguments and provided more detail into the legal and transparent operations of the associated PACs. LEC also requested that the commission adopts a formal public rulemaking process that allows for proper review and participation. The Lignite Energy Council’s submitted comments can be read here: https://lignite.com/wp-content/uploads/2022/02/LEC-Written-Comments-on-Proposed-Rules-2-23-22.pdf It is anticipated that there will be at least one more meeting before final rules are adopted.
Protect North Dakota’s Constitution committee is gathering signatures for a proposed constitutional measure to be placed on the North Dakota general election ballot. The measure aims to restrict constitutional proposals to one clear issue at a time and require at least 60 percent of North Dakotans to approve any constitutional ballot measures. The Lignite Energy Council supports this initiative and encourages all members who reside in North Dakota to sign the petition. Petitions are being circulated until mid-April. Visit http://www.protectndconstitution.com to learn more and locate the nearest petition to sign.
“It’s not only a great day for North Dakota but a great day for the country,” said Gov. Doug Burgum, who chairs the North Dakota Industrial Commission (NDIC), of the approval for Project Tundra. North Dakota leaders have championed carbon capture in part to establish a model for the deployment of the technology at coal-fired power plants in other states and around the world, and Burgum touted Project Tundra as “another contribution of North Dakota to the nation.” – InForum Communications https://www.inforum.com/news/north-dakota/project-tundra-moves-forward-as-north-dakota-approves-underground-carbon-dioxide-storage-project
The US Geological Survey (USGS) has released the final list of 50 critical minerals that the domestic economy requires for economic and national security. The new list names several critical minerals found heavily concentrated in North Dakota lignite—such as germanium, gallium, scandium, yttrium and additional locally sourced rare earth elements that have been evaluated for commercial potential by LEC Members and the EERC, hopefully opening the door for new and exciting industries in our region. In addition, the 2022 list of critical minerals adds nickel and zinc to the list—which can be provided by Minnesota’s mining industry, adding to the regional impact of domestic critical mineral industry. The Lignite Energy Council submitted comments during the USGS consideration of this docket – those can be viewed here: https://lignite.com/wp-content/uploads/2022/02/USGSComments.pdf
Local artist, Opaline Thine of Strawberry Soda-Pop Studios, appears next to her acrylic painting of North Dakota’s energy landscape. This piece was a silent auction item at the North Dakota Safety Council’s Annual Conference held this week in Bismarck. Thine also has a compilation titled the North Dakota Energy Series in which two pieces feature The Falkirk Mining Company’s Prairie Rose dragline and the Coal Creek Station. You can see her work and purchase prints of the ND Energy Series on her website https://strawberrysoda-popstudios.com/
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