Environmental advocates have recently won two legal battles that are providing the chance to challenge proposed copper-nickel mines in northeastern Minnesota. The mines could cause water pollution that would flow toward the Boundary Waters Canoe Area Wilderness and the St. Louis River.
Court decisions in lawsuits filed by several groups have now ordered the Department of Natural Resources to review the proposed PolyMet mine tailings basin in a special court procedure, and review the state’s copper-nickel mining regulations regarding the Boundary Waters Canoe Area Wilderness.
Rules review
In mid-September, a District Court ruled that the DNR must determine if the state’s rules for the regulation of copper-nickel mine, which have not been changes since enactment 28 years ago, are adequate to protect the Boundary Waters. The ruling came in a lawsuit filed by the Campaign to Save the Boundary Waters.
The group complains that the rules, which have never been applied to an active mine, allow mining in the Boundary Waters watershed. They say with the industry’s track record of pollution, that presents an unacceptable risk.
“With the ruling, Minnesotans will have the opportunity to demonstrate that the state’s rules regulating where it is appropriate to conduct risky mining are not sufficient to protect the Boundary Waters and all that it provides to our great state and nation,” said Campaign to Save the Boundary Waters National Chair Becky Rom. “No sulfide-ore copper mining should be allowed in the headwaters to the Boundary Waters.”
When the group filed its lawsuit, they said the existing rules are intended to limit pollution, but not prohibit it altogether. The regulations seek to manage possible mining districts, where major changes to the ecosystems and landscape would be allowed. They also say new information about the threats of copper-nickel mining, and the mitigation measures available, have emerged since the rules were passed.
For example, Save the Boundary Waters says that a mine could be allowed to discharge waste with sulfate levels at 10 parts per million. This chemical can kill wild rice and otherwise disrupt the ecosystem. While 10 ppm is considered a strict standard, it would still cause a huge increase in sulfate levels downstream of the mine.
As part of the review, the DNR will be required to open a public comment period on the rules by October 4.
PolyMet permit
Last week, the DNR initiated a “contested case hearing” process for a key PolyMet permit, as ordered by the Minnesota Supreme Court. The ruling was the result of a lawsuit filed by Minnesota Center for Environmental Advocacy, Friends of the Boundary Waters Wilderness, and WaterLegacy. The hearing will provide the chance for environmentalists and the DNR to make their cases to a judge.
The issues at question concern the tailings basin that PolyMet proposes to use to store the massive amounts of waste from its mine. The company says it will use bentonite clay to line the basin and prevent contamination of groundwater.
The hearing will focus on whether this technique is “practical and workable” to meet clean water protection standards.
The contested case process will start with a prehearing conference on Nov. 1, followed by what could be a lengthy hearing before an administrative law judge. In that hearing, all sides can present evidence and call witnesses. The judge will ultimately report back to the DNR.
Separately, the DNR continues to work on two other changes required by the courts: including a fixed term for PolyMet’s permits, and potentially adding Swiss firm Glencore, which owns a majority of PolyMet, as a responsible party to permits. The agency says it will invite public input on the fixed term issue in the future.
More information:
- PolyMet’s NorthMet Mining Project Permitting – MN DNR
- DNR ordered to review adequacy of mining rules – Timberjay