Issues Updates

Davis Refinery

There are two lawsuits pending before the ND Supreme Court

The National Parks Conservation Association (NPCA) is challenging the ND Health Department’s air quality permit.

The Environmental Law and Policy Center (ELPC) and the Dakota Resource Council (DRC) are challenging the North Dakota Public Service Commission (PSC) for not requiring a siting permit.

Decisions on both cases could come in the next few weeks, certainly by early summer.

Meanwhile, there have been reports that the company is struggling financially. The lawsuits (and the fact that this is a really bad idea) have sent potential investors running. Rumors are that contractors have not been paid, including the contractor who did the dirt work in 2018. The engineering firm hired to do the design and supervise construction, McDermott Engineering, filed for bankruptcy in January and all work on the project has stopped.

But the fight must continue. If the company prevails in court, fundraising could start again.

Little Missouri Crossing

The Federal Highway Administration and the North Dakota DOT have signed off on the EIS. The project awaits funding. There is no allocation of federal funds in the current North Dakota DOT’s Statewide Transportation Improvement Plan (STIP) but it should be monitored regularly because it can be updated.

Bice Bridge

The BLM completed its EA but has not released the details of its fine against Bice. As of now it is likely to be $30,000 and he gets to keep the bridge and he has to tear out the water pit. They’re waiting for spring to do that. Needs to be monitored.

Long X Bridge

Construction continues apace on the new 4-lane bridge. It could be done this summer. But as of now there is no money allocated to build the 4-lane highway it will connect to. That will come eventually.

Focus now needs to be on slowing traffic through the park. Good focus/project for BCA. Jan Swenson for BCA consistently lobbied for this. DOT needs to be lobbied to decrease the speed to 45-50 through the park and a big sign north and south of the Park that says “Approaching Theodore Roosevelt National Park. Please Slow Down.” Another good BCA project: Raise the funds for a billboard and lobby DOT to allow it. It might take an act of Congress, since it would be in violation of Ladybird Johnson’s Highway Beautification Act.

First priority is to get the DOT to decrease the speed limit through the park, then figure out signage.