Minnesota regulators hit pause on controversial gas pipeline near Pipestone National Monument

Minnesota utility regulators on Tuesday rescinded a permit for a gasoline pipeline near Pipestone National Monument, ordering "cultural and archeological" surveys on two potential routes after backlash from tribes who say the area is foundational to their religious beliefs.

The Minnesota Public Utilities Commission could ultimately approve one of the two routes after the surveys, which will be coordinated with the tribes.

The board's vote unanimously reversed itself from September. That month, the PUC voted 3-2 to approve a 13.1-mile route that was farther from the monument than Oklahoma-based Magellan Pipeline Co. wanted. The decision also required a survey and input from four tribes along the selected path before construction could begin, though two DFL commissioners said that work should take place before selecting a route.

Commissioner Hwikwon Ham, a political independent who voted for the permit last year, said Tuesday that reversing course would help build trust and allow tribes more input and insight into each step of the regulatory gauntlet.

"I know it's a slow process and we may need two or three more meetings to do it," he said.

Magellan spokeswoman Annell Morrow said the company will continue working to determine the best route with minimal effects "that also respects the cultural significance of the area."

Pipestone National Monument was created in 1937 to protect quarries of a brick-red stone that Native Americans have hewn for thousands of years for pipes used in rituals. The pipeline was laid roughly a decade later and operated until 2022, when the federal government shut it down to protect the monument.

Magellan pushed to revive the pipeline — on a new path around the monument — to ensure a reliable supply of refined petroleum in parts of Minnesota and the Dakotas.

The company said customers are paying more for gas since the pipeline was shut down, and that it was necessary after the U.S. Environmental Protection Agency decided to mandate two special gasoline grades starting this year. Magellan is a subsidiary of Oklahoma-based OneOk.

Before the original PUC vote, the issue drew thousands of public comments. Tribes argued that reviving the pipeline so close to the monument violated their religious freedom and risked damaging an area of cultural significance. There are 23 tribes with an affiliation to the quarries.

Magellan said it had not found pipestone, also known as catlinite, along a 3.4-mile route it initially pitched to regulators. Magellan said if that route was picked, it would continue to look for the stone, and promised to bore beneath any catlinite it finds.

The PUC decided it was still best to have more distance between the monument and the pipeline, and agreed with tribes that the sacred site and important cultural resources are not bound by park borders set by the federal government.

The Mille Lacs Band suggested the 13-mile route eventually picked by the PUC. The Upper Sioux Community pitched an 18.7-mile path. But those tribes, and many others, said they prefer no pipeline whatsoever.

After the permit was granted, tribes still voiced opposition.

"Our stance has consistently been one of firm opposition to any pipeline that poses a risk to the sacred stone, cultural sites and landscape that has been revered for millennia," said Samantha Odegard, tribal historic preservation officer for the Upper Sioux Community, in a Dec. 27 letter to the PUC.