An initial hearing in that case is scheduled for Wednesday.Several environmental groups, along with the Fond du Lac Band of Lake Superior Chippewa, had asked for the permit stay while the district court’s investigation is underway. MPCA issues PolyMet final air and water quality permits and 401 certification On December 20, 2018, the MPCA made final regulatory decisions to issue the PolyMet air emission permit, water quality permit, and 401 certification.
On November 1, 2018, the DNR issued the permit to mine for the Poly Met Mining, Inc. (PolyMet) NorthMet mining project (see below for permit documents). In granting the appeal Tuesday, the appeals court said it recognized the “difficulty of stopping a bureaucratic steam roller, once started.” The court said the stay would last as long as it takes the lower court to investigate the irregularities in the handling of the permit.

“MPCA is prepared to show the court that it addressed EPA's comments throughout the permitting process, and the EPA ultimately concluded that the permit was legally enforceable. The MPCA, in court filings, calls those contentions “mere speculation” unsupported by the evidence, and argues that its staff collaborated closely with their federal counterparts to develop a permit that addressed the EPA scientists’ concerns. In the end, Chief Judge John Guthmann won't rule on the merits of this water permit. The MPCA approved a major water quality permit for PolyMet’s proposed copper-nickel mine in January 2019. It’s been derided by opponents who see it as an environmental fiasco in the making and praised by its supporters as significant boost for the Iron Range economy.The open-pit mine and its operations for crushing and processing ore require an air permit because it would emit a range of pollutants into the air such as carbon monoxide, fine dust and mercury.The Court of Appeals ruled that the MPCA, which granted the air permit in 2018, should have looked harder at whether PolyMet plans to expand the mine well beyond the limits imposed by the permit.PolyMet’s Canadian securities filings indicate it may be planning a mine nearly four times larger than the operation covered by the air permit, which limits the mine to producing 32,000 tons of ore per day, the court noted.PolyMet, formally based in Toronto but run from St. Paul, is majority-owned by global mining giant Glencore. The proposed PolyMet copper-nickel mine project is again in a courtroom this week.A major hearing gets underway Tuesday in Ramsey County District Court, in which a judge will determine whether there were significant “procedural irregularities” that led to the Minnesota Pollution Control Agency’s decision to approve a key water quality permit for the mine proposed for northeastern Minnesota.
For example: Should the EPA scientists’ objections, which never made it into the record, be included? That assessment begins Tuesday at an evidentiary hearing in Ramsey County District Court.Vanessa Ray-Hodge, an attorney representing the Fond du Lac tribe, speaks to another attorney during an evidentiary hearing regarding “procedural irregularities’’ in the PolyMet permit case held at Ramsey County District Court in St. Paul on Tuesday.A storage building stands empty in February 2016 at the closed LTV Steel taconite plant near Hoyt Lakes, Minn. PolyMet Mining today filed a Petition for Review to the Minnesota Supreme Court seeking to overturn a lower court ruling on the company's air permit.

In accordance with state and federal laws, an Environmental Impact Statement (EIS) was prepared under the leadership of the DNR, U.S. Army Corps of Engineers (USACE), and the U.S. Forest Service (USFS). One of those investigations is being conducted by the Minnesota legislative auditor’s office. Whatever the judge decides will then go back to the state Court of Appeals, which This hearing could have implications that go far beyond the PolyMet project. "Several environmental groups opposing PolyMet, and the Fond du Lac Band, challenged the MPCA water quality permit at the state appeals court.


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