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A hearing at the Minnesota Court of Appeals on Wednesday featured environmental advocates, PolyMet Mining, and the Minnesota Department of Natural Resources arguing to a three-judge panel about permits issued for the potential copper-nickel mine last year.
The Minnesota Center for Environmental Advocacy, WaterLegacy, and Friends of the Boundary Waters Wilderness joined the Fond du Lac Band of Lake Superior Chippewa to say PolyMet’s permits are insufficient to protect the state’s water and taxpayers from risks.
Last month, the Court of Appeals suspended the permits while it hears the case. In the immediate aftermath of this week’s hearing, the Court renewed the suspension while it considers the arguments.
Key Issues
The hearing focused on two key issues: The design for earthen dams and other facilities to contain the large amount of mine waste that will be generated, and how to deal with the fact that Swiss conglomerate Glencore took over ownership of the mine after the permits was issued, yet is not named on the permits as a responsible party in the event of a problem.
According to the Star Tribune, anti-PolyMet arguments included what the Fond du Lac Band called incomplete permits, without designs for operating, maintaining and closing the huge tailings dam. A MCEA attorney said the permit violates state rules by allowing indefinite water pollution, requiring perpetual treatment, at the site, possibly lasting centuries after the mine would close. WaterLegacy argued the DNR should have held a contested case hearing for the project, but did not.
Trust them to fix it later?
“DNR’s position can be summed up this way,” said Minnesota Center for Environmental Advocacy attorney Ann Cohen, reported MPR News. “Trust it to fix the vague and incomplete plans. Trust it to fix the vague permit terms. Trust it to fix things later. It is not legal for DNR to issue a permit on the basis of hope.”
Another point of contention was the role of Glencore in the mine. The multinational corporation long financed the project as a minority investor, but now owns 72 percent of PolyMet. Gov. Tim Walz and others have said they would like Glencore to be named as a liable entity on the permit. The DNR could not say if that would happen.
In response to questions from a judge, DNR lawyer Jonathan Katchen said it was an “ongoing process” and “we’ve asked for additional information.” That was not enough for the judge in charge of the case.
“I wish that made me feel better,” Chief Judge Edward Cleary replied, according to the Duluth News Tribune.
The Court of Appeals has 90 days to make a decision in the case. In the meantime, PolyMet’s permits remain on pause. The day after the hearing, the court announced it would continue the stay of the permits until it reached a decision.
“Based on the record and the arguments of the parties, we conclude that it is appropriate to continue the stay through this court’s disposition of the appeals,” Judge Cleary wrote in a filing.
More Information:
- Minnesota Center for Environmental Advocacy
- WaterLegacy
- Friends of the Boundary Waters Wilderness
- Fond du Lac Band of Lake Superior Chippewa