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Mondelli v. Kendel Homes Corp.

With regard to the Mondellis' appeal, we conclude that the district court abused its discretion in excluding the testimony of Drs. Pour and King. This exclusion of evidence was prejudicial error. The district court did not abuse its discretion in refusing to allow joinder of the claims of the Mondelli family.

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Two Additional Leaks Found Along the Dakota Access Pipeline

Despite the Cheyenne River Sioux dropping their appeal, Issues plaguing the Dakota Access Pipeline keep popping up.

According to information released by the North Dakota Health Department and the United States Pipeline and Hazardous Materials Safety Administration, the controversial pipeline spilled over 100 gallons of oil in two separate incidents in March of this year.

The first leak occurred on March 3 at a pipeline terminal in Watford City, ND when a leaky flange, the section connecting two pipeline sections, caused 84 gallons of oil to leak out. The flow of oil was immediately cut off and contained, and contaminated soil and snow was removed. According to the state's Health Department database, local waterways, wildlife and people were unaffected by the incident.

The second leak occurred on March 5 in Mercer County, ND when an above-ground valve failed due to a manufacturing defect. No wildlife, waterways or people were affected by this 20-gallon leak, and contaminated soil was taken away soon after the leak was identified.

These leaks continue to fuel concerns about the potential environmental impact this pipeline may have once it’s fully constructed, and give additional weight to calls for additional environmental reviews.

"We have always said it is not a matter of it, but when," tribal attorney Jan Hasselman said after the South Dakota leak on April 4. "Pipelines spill and leak. It's just a fact."

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