Carol Overland - Legalectric

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Carol A. Overland, Overland Law Office -- Utility Regulatory and Land Use Advocacy
Updated: 1 hour 11 min ago

End of Temporary Protection Status?

Fri, 01/12/2018 - 6:23pm

Yes, this administration is planning to end “Temporary Protected Status” for many legally admitted/present refugees. Here’s the U.S. Citizenship and Immigration Services’ Temporary Protected Status page.  They’ve been here legally for how long, and now, the rug will be pulled out from under them.

Countries covered include:

And here’s the real news of Secretary of Homeland Security Kirstjen M. Nielsen doing tRump’s bidding — note it’s coming from Homeland Security, this one regarding El Salvador:

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

Nielsen Carefully Considered Conditions on the Ground

en Español

WASHINGTON— Today, the Secretary of Homeland Security announced her determination that termination of the Temporary Protected Status (TPS) designation for El Salvador was required pursuant to the Immigration and Nationality Act. To allow for an orderly transition, she has determined to delay the termination for 18 months. The designation will terminate on Sept. 9, 2019.

The decision to terminate TPS for El Salvador was made after a review of the disaster-related conditions upon which the country’s original designation was based and an assessment of whether those originating conditions continue to exist as required by statute. Based on careful consideration of available information, including recommendations received as part of an inter-agency consultation process, the Secretary determined that the original conditions caused by the 2001 earthquakes no longer exist. Thus, under the applicable statute, the current TPS designation must be terminated.

The Department of Homeland Security has conducted extensive outreach to Salvadoran communities throughout the country. This includes, but is not limited to, community forums on TPS, panel discussions with Salvadoran community organizers, stakeholder teleconferences, regular meetings with TPS beneficiaries, news releases to the Salvadoran community, meetings with Salvadoran government officials, meetings at local churches, and listening sessions. The Secretary met recently with the El Salvadorian Foreign Minister and Ambassador to the United States, and spoke with President Sánchez Cerén.

Following the 2001 earthquake, El Salvador received a significant amount of international aid to assist in its recovery efforts, including millions of dollars dedicated to emergency and long-term assistance. Many reconstruction projects have now been completed. Schools and hospitals damaged by the earthquakes have been reconstructed and repaired, homes have been rebuilt, and money has been provided for water and sanitation and to repair earthquake damaged roads and other infrastructure. The substantial disruption of living conditions caused by the earthquake no longer exist.

Additionally, in recent years, the U.S. government has been repatriating individuals back to El Salvador – more than 39,000 in the last two years – demonstrating that the temporary inability of El Salvador to adequately return their nationals after the earthquake has been addressed.

To allow for an orderly transition, the effective date of the termination of TPS for El Salvador will be delayed 18 months to provide time for individuals with TPS to arrange for their departure or to seek an alternative lawful immigration status in the United States, if eligible. Salvadorans in the United States who benefited from TPS may still receive other protections under our immigration system for which they are eligible.

The 18 months will also provide time for El Salvador to prepare for the return and reintegration of its citizens. During this timeframe, DHS will work with the Department of State and the Government of El Salvador to help educate relevant stakeholders and facilitate an orderly transition. In addition to materials posted online, DHS components will participate in outreach activities such as teleconferences, town halls and roundtables to ensure that affected populations have a full and accurate understanding of their rights and obligations.

Only Congress can legislate a permanent solution addressing the lack of an enduring lawful immigration status of those currently protected by TPS who have lived and worked in the United States for many years. The 18-month delayed termination will allow Congress time to craft a potential legislative solution.

Salvadorans with TPS will be required to re-register for TPS and apply for Employment Authorization Documents in order to legally work in the United States until the termination of El Salvador’s TPS designation becomes effective Sept. 9, 2019. Further details about this termination for TPS, including the re-registration period, will appear in a Federal Register notice. Salvadoran TPS beneficiaries should not submit re-registration applications until the re-registration period is announced through the Federal Register notice.

# # #

Each has its own notice, but some are set to expire and no notice — here’s what’s on the site:

Categories: Citizens

“Why are we having all these people from shithole countries come here?”

Thu, 01/11/2018 - 5:24pm

Yes, he said this — REAL NEWS:

“Why are we having all these people from shithole countries come here?”

And his family came from where, when conditions were what???  Granted it looks like his grandfather tried to go back to Germany and was deported, but…

Harpers Magazine: The Emigrants — Friedrich Trump SNOPES: Did Trump’s Grandfather Beg the Government of Bavaria Not To Deport Him?

Unless you where already here when us white folks landed, unless you were brought here to live in a penal colony, unless you were brought here in chains in the belly of a slave ship, odds are you chose to come here because it looked a lot better to take the risk and than stay where you were.

In the STrib:

Trump: Why allow immigrants from ‘shithole countries’? Trump’s ‘shithole’ comment about Haiti lends credence to report he said Haitians ‘all have AIDS’

In the Chicago Tribune:

Trump dubs Haiti, El Salvador, African nations ‘shithole countries,’ sources say

President Donald Trump on Thursday questioned why an immigration deal should help immigrants from “shithole countries” in Africa, according to two people briefed on the meeting.

The slur came in an Oval Office meeting with lawmakers about a proposed bipartisan deal on immigration.

Trump made the remark after Sen. Dick Durbin, D-Ill., told Trump that under the proposal, a lottery for visas would be ended. Durbin said that in exchange, people from African countries that have benefited from that lottery would be given other access to visas.

The sources said Trump questioned why the U.S. would want to admit more people from “shithole countries.” They say Trump said the U.S. should allow more immigrants from places such as Norway.

The two people spoke on condition of anonymity because they weren’t authorized to publicly discuss the Oval Office meeting.

Trump included Haiti and El Salvador in his disparaging remarks, according to the Washington Post.

“Why are we having all these people from shithole countries come here?” Trump said, according to the newspaper.

Also in the meeting was Sen. Lindsey O. Graham (R-S.C.), the Post reported.

The White House did not deny that Trump used profanity in the meeting.

Spokesman Raj Shah said that while “certain Washington politicians choose to fight for foreign countries,” Trump “will always fight for the American people.”

He said Trump wants to welcome immigrants who “contribute to our society, grow our economy and assimilate into our great nation,” and will always reject “temporary, weak and dangerous stopgap measures” that he said “threaten the lives of hardworking Americans” and undercut other immigrants.

In Illinois, one leading Democrat said the remarks show the president is a racist.

State Sen. Kwame Raoul, D-Chicago, who born in Chicago to Haitian immigrants, said Trump’s comments show his “ignorance of the contributions Haitians have made to this country, as well as other immigrant nations.”

“Clearly he’s a racist. He has ignorance with regard to the history of his country and the contributions Haitians have made to this country,” Raoul said, adding Chicago was first settled by Jean-Baptist-Point Du Sable, a Haitian.

Raoul, who is running for Illinois attorney general, said an apology from the president over his comments won’t be enough.

“There’s not enough apologies that Donald Trump can do. I think this guy is unfit to be president of the United States,” Raoul said. “There’s nothing he can say that can even be received as sincere.”

Raoul said his sister Ninaj runs an organization in Brooklyn called Haitian Women for Haitian Refugees, where she works with immigrants, both documented and undocumented.

Categories: Citizens

FERC Order nixes coal and nuclear subsidies

Tue, 01/09/2018 - 3:08pm

Good try, DOE Secretary Perry, but you’re outta here!  Yes, it’s true, a tRump stacked FERC said “NO!” to a proposed rule to subsidize coal and nuclear plants, generation with 90+ days of fuel on hand, outmoded generation plants that are oh-so-suffering while they try to compete in the wholesale “free market” and sinking south fast because costs of production are high and market prices are higher.  I’m shocked, utterly shocked, and very pleasantly surprised!

What did Perry ask for?  Here’s the Notice of Proposed Rulemaking:

Secretary Rick Perry’s Letter to the Federal Energy Regulatory Commission

Bottom line?  Gotta snort, “Now that a quorum has been restored at the Commission, I am confident…” (click for larger version):


That’s SNORT out loud… how’s that workin’ for ya, Secretary Perry?

What he thought was a slam dunk was a 5-0 rejection of preferential “out of market” treatment for certain generators.  Nope, ain’t gonna happen.

Here’s the FERC Order, straight from the horse’s mouth.  I’m most appreciative of the many articles and posts that include the primary document.  It’s crucial to be able to read the FERC Order.  This is REAL NEWS!


There are a lot of people railing and wailing about subsidies these days, but it’s very lopsided, and I’m not hearing the complaints about all the subsidies of coal and nuclear.  If you want to complain about subsidies, slash them across the board.  “Free market” right, the essence of capitalism, right?

Categories: Citizens

PolyMet Draft Permit issued — WHERE IS IT?

Sat, 01/06/2018 - 10:27pm

PolyMet’s Draft Site Permit has been released by the Dept. of Natural Resources.  Here’s the link:

DNR’s Draft Site Permit (scroll down)

And in there are some links — official word from Barb Naramore, DNR, is that the Permit to Mine Application & Appendices and DNR’s Draft Special Conditions constitute the “Draft Site Permit” for the PolyMet mine, based on this statement:

Following review of PolyMet’s permit to mine application, DNR has prepared draft special conditions for the application. Together, the application and the draft special conditions are considered the draft permit to mine for the NorthMet project.

Guess that’s what they’re presenting as the “Draft Site Permit” for review and comment, but it looks pretty bizarre to me!

Here is that application and special conditions:

Why did I ask about this?  You’ll note above, there is the DNR’s Draft Special Conditions, but tell me, do you see a Draft Site Permit anywhere?  I’d spent a lot of time looking, and cannot find anything that resembles a “Draft Site Permit.”  So I asked around.  Oh, but wait, there’s no project contact info on any of the DNR’s pages or press release.  WHAT? No problem, I have contact info for the chief grand poohbahs at the DNR, and that worked.

To Comment:

DNR’s PolyMet’s Permitting COMMENT Page (note you are asked to accept set up to Comment online

In the news:

4 things to know about the PolyMet mine — MPR

With Minnesota mining permit, PolyMet proposal reaches a turning point – STrib

Comments will be accepted through March 6, 2018.  Two public meetings (not hearings?) will be held.  Petitions for a Contested Case may NOT be filed using the online commenting form, so they say at the link above!

Comments and objections may be submitted by US mail to the following address:
MN Department of Natural Resources
Division of Lands and Minerals
500 Lafayette Road, Box 45
St. Paul, MN 55155-4045

Public comments and written objections will be accepted at two scheduled public meetings:

Wednesday, February 7, 2018
Mesabi East (Aurora-Hoyt) High School
601 N 1st St W, Aurora, MN 55705
4:00-9:00 p.m.  open house
6:00-9:00 p.m.  public comment forum

Thursday,  February 8, 2018
DECC – Duluth Entertainment Convention Center
350 Harbor Drive, Duluth, MN 55802
1:00-9:00 p.m.  open house
6:00-9:00 p.m.  public comment forum

Categories: Citizens

Look who’s in the news!

Fri, 01/05/2018 - 1:08pm

Sustainable: Planners charting Minnesota’s energy future

Yes, we all know that Mike Bull wrote most of the energy law now in place!  But there’s no mention of those many years of work at House Regulated Industries Committee though…

And we all know that there are some big holes and problems with the wind siting statutes, rules, and standards.  What will it take to get some of the problems worked through, like some respectful wind siting standards?  We’re just starting to see, at long last, after years and years of complaints, some Public Utilities Commission action on wind noise issues.

Bent Tree_Noise Monitoring and Monitoring Report_20179-135856-01

Siting will have to be addressed, because despite sound modeling that says “no problem,” there are indeed problems.  Despite shadow flicker modeling that says “no problem,” there are indeed problems.

Preventative siting is long overdue and needs to start NOW!  And what about those already  affected?  “Buy the Farm” for wind?  It’s overdue.  Action after the fact is not the best of options, prevention is always the key, but for those now attempting to live in untenable circumstances, foisted on them by the nuisance moving into their community, and permitted by the Commission, what are the options?

Wind project in southern Minnesota gets pushback

Hey Mikey, how ’bout helping get to some solutions???

Categories: Citizens

Prairie Island conversion to natural gas

Wed, 01/03/2018 - 9:29pm

There’s been some chatter lately about the financial future of Red Wing if and when the Prairie Island Nuclear Generating Plant closes.

FYI, for those thinking about this, do check out the plan to convert to natural gas, this was 2002, just going into the 2003 session and that Prairie Island bill.

Prairie Island Conversion Appendix B 2002 Resource Plan

There’s also a MISO transmission study:

Prairie Island Replacement Study SS01_Report

There are plans…

Categories: Citizens

AFCL Scoping Comments filed today

Wed, 01/03/2018 - 3:42pm

Map of transmission — click for larger view

Just filed, Association of Freeborn Landowner Scoping Comments for the Environmental Assessment for the transmission line for the Freeborn Wind Energy wind project:

EA Scoping Comments – Commerce_AFCL

And tomorrow, on the wind project side, the Commission is going to make decision on whether to issue the Draft Site Permit — we’re number 7 on the agenda:


Thursday, January 4, 2018, 9:30am Where Large Hearing Room
121 7th Place E, Suite 350
St. Paul, MN 55101
Event Type Agenda Industry Electric, Energy Facilities, Telecom Details

Meeting Details
Live Webcast

Categories: Citizens

Roy Moore’s Pathetic Federal Complaint

Fri, 12/29/2017 - 1:27pm

Here’s the Complaint filed by Roy Moore, looking for a Temporary Restraining Order, a Preliminary Injunction, and a new election:


Here’s his first demand:

How’s that workin’ for ya, Roy?  The Alabama Secretary of State has certified the election results, and you are the loser:

2017 Official General Election Results (Write-In Appendix)

2017 Official General Election Results (No Appendix)

And this, as part of the Complaint, good grief, stupid is as stupid does… this guy might as well go be a dishwasher at the local greasy spoon:

Well, at least Moore is consistent in his riding “style.”  Looks like he’s ready for a Lazy-Roy saddle.




Categories: Citizens

Commission Inquiry — EV Charging & Infrastructure

Thu, 12/28/2017 - 3:27pm

EV Charging Station at Duluth’s Rail Museum Parking Lot

There’s been some discussion here in Red Wing and Goodhue Cunty about the city installing infrastructure for charging electric vehicles.  There’s a charger at the Kwik Trip on the west side of town, but I think that’s a slow charger, a regular outlet that would take forever to amount to anything.  The Red Wing City Council voted to approve a charging station in the LaGrange parking ramp, and to request a grant to cover part of the cost, estimated at about $10,000 (!!).

In the meantime, the Minnesota Public Utilities Commission has opened a docket looking into a few policy issues about electric charging:

In mid-March there will be a public workshop hosted by the PUC, and then there will be a comment period on these topics, and more:

This ties into what Red Wing and Goodhue County are looking into and could affect that.

Interested in receiving notices and participating in the workshop and discussion?  Contact:

Hanna Terwilliger:  or  (651) 201-2243

Kelly Martone:  or  (651) 201-2245

Categories: Citizens

tRump’s Travel Ban 3.0 Ruled Unconstitutional

Sat, 12/23/2017 - 4:24pm

Whew! Another federal judge comes down on the tRump Travel Ban, and grants a narrow injunction.  Read it here:

17-17168_9th Circuit Hawaii_Travel Ban 3.0


Categories: Citizens

RW’s Ordinance #115 on Human Rights Commission 12/21 Agenda

Tue, 12/19/2017 - 11:53am

Yup, there’s the Red Wing City Council.  At the December 11, 2017 meeting, as part of “Other Council Concerns” they discussed sending it to the Human Rights Commission, a good thing, but it was not on the agenda, which it should have been.  No notice that this was coming up.  It’s in the “Administrator’s Report” item 11 on City Council agenda (click for larger version):

So it’s on the Agenda for Human Rights Commission, but it’s item 11b, WITH NO IDENTIFICATION OF THE ORDINANCE AT ISSUE!  How is anyone to know?

20171221 – Agenda_RW-HRC

On September 18, 2017, the City of Rochester passed a similar ordinance, ON THE CONSENT AGENDA, where there’s no discussion.  WHAT?!?!?

Pages from 2017-09-18 City Council – Full Agenda-2647_Rochester_D-6

I’m looking for the video to see how that went down.  It was on initiative of the City Attorney there, see agenda item D-6 from Council Packet above.  Pulled from Consent Agenda:

35. Ordinance Prohibiting Disturbance of Assembly or Meeting

Item D.6 was pulled to allow for discussion.

Councilmember Wojcik commented on his concerns with the vagueness of the
proposed language.

President Staver commented.

City Attorney Terry Adkins provided background information on this issue,

Councilmember Hickey commented in support of the proposed language being

Councilmember Campion commented, noting it appears from reading the ACLU’s
brief on this issue that they are in support of this sort of action.

Approved directing the City Attorney to prepare an ordinance and give it its first
reading this evening under H.1.

And under H.1:

H.1. H1 – First Reading:
An Ordinance Creating and Enacting Section 85.065 of the Rochester Code of
Ordinances, Relating to Disturbing an Assembly or Meeting was given a first

Then, on October 16th:

And the Council Packet for this item:

Really!  Nothing at all…

Here’s the video: At 1:26:45 – 1:27:14, LESS THAN 30 SECONDS, NO DISCUSSION

So tell me, what exactly did they pass?  My guess is that they passed it as introduced, but…

Categories: Citizens

Letter in Albert Lea Tribune re: Freeborn Wind Farm

Sat, 12/16/2017 - 10:56am

On Tuesday, Commerce is having a wind project transmission scoping meeting (MPUC Docket 17-322):

6 p.m. on December 19, 2017 Room 124  Riverland Community College Albert Lea, MN

The Albert Lea Tribune printed my Letter to the Editor about the Freeborn Wind Farm transmission scoping meeting:

Letter: Meeting on new wind farm is planned next week

Published 9:27 pm Wednesday, December 13, 2017

At 6 p.m. Dec. 19 in Room 124 at Riverland Community College, the Minnesota Department of Commerce is holding a public comment and scoping meeting for the transmission line designed to serve the Freeborn Wind project. This is the opportunity for you to raise any questions and concerns about what issues should be investigated and reviewed in the Department of Commerce’s environmental review. This includes all of the things you know about the area, and any alternatives that should be in the mix.

Minnesota has a policy of non-proliferation of transmission corridors, which means that as a matter of law, transmission should be routed using existing corridors, such as transmission lines already in place or road right of way.  This line, instead, is proposed to traverse cross country.  That’s not non-proliferation.

Another problem is that Freeborn Wind developers claim they have land rights to all land needed for this transmission line, and then state that they’ll use eminent domain if they don’t. Well, which is it? And it’s troubling, because only public service corporations have the power of eminent domain, but Freeborn is a LLC, not a public service corporation. To make things more complicated, need has not been demonstrated, and there is no certificate of need. Need is a requirement for use of eminent domain. What’s their basis for saying they can use eminent domain?

This is yet another overreach by the developers — more infrastructure, which would forever change the landscape of this community.  Dec. 19 at Riverland College — now is the time to speak up!

Carol A. Overland

Attorney for Association of Freeborn County Landowners

Categories: Citizens