Government of the Province of Manitoba v. Salazar
926 F. Supp. 2d 189
D.D.C.2013Background
- Manitoba sued over the NAWS Project, seeking a full EIS; the agency produced only an EA and FONSI.
- The Court previously remanded to require a comprehensive NEPA analysis addressing cumulative impacts and biota transfer across the continental divide.
- A partial injunction allowed limited construction but barred new pipeline work pending a full EIS.
- Missouri joined as a plaintiff asserting downstream environmental concerns from reduced upstream Missouri River flow.
- After years of proceedings, the Court modified the injunction to permit finishing the Minot treatment plant upgrade but still barred new pipeline construction until the EIS is completed.
- The 2013 decision emphasizes not allowing construction to influence the agency’s choice of water treatment options and highlights ongoing focus on water source issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether NEPA requires a full EIS for NAWS | Manitoba argues NEPA requires a full environmental analysis of the entire project. | Defendants contend the EIS scope is limited and sufficient for project progress. | Yes; full EIS required. |
| Whether the existing EIS suffices to proceed with construction | Manitoba asserts the interim EIS is inadequate and biased toward project advancement. | North Dakota/National authorities argue ongoing work is permissible while analysis continues. | No; cannot proceed without full EIS. |
| Whether the injunction should be modified to allow 2013 construction | Manitoba contends injunction should prevent any construction that could affect NEPA analysis. | The government argues limited construction may proceed without undermining NEPA. | Partial modification; finish Minot upgrade but bar new pipeline contracts. |
| Whether water source decisions (Missouri River intake) are within the scope of NEPA review | Manitoba argues water source and biota transfer must be evaluated. | Defendants maintain that water source issues are encompassed in ongoing NEPA proceedings. | Water source issues remain central and must be evaluated in full EIS. |
Key Cases Cited
- Gov't of the Province of Manitoba v. Norton, 398 F. Supp. 2d 41 (D.D.C. 2005) (remand for full NEPA analysis; injunction framework)
- Gov't of the Province of Manitoba v. Salazar, 691 F. Supp. 2d 37 (D.D.C. 2010) (EIS scope insufficient; biota transfer concern)