Minnesota appeals court orders more analysis on PolyMet permit

The Minnesota Court of Appeals has ruled it wants more analysis conducted on a water discharge permit for a proposed copper-nickel mine in northwestern Minnesota.

Hubbard Broadcasting sister station WDIO-TV reports the decision, released Monday morning, states the judges believe the Minnesota Pollution Control Agency (PCA) "erred by not properly considering whether the federal Clean Water Act applies to any future discharges from PolyMet’s facility to groundwater."

However, the decision from the judges states they found "no reversible error" in regard to other aspects of the permit.

Environmental groups and the Fond du Lac Band of Lake Superior Chippewa have previously voiced concerns over the project.

"Therefore, we affirm in part, reverse in part, and remand to the PCA for a determination as to whether any discharges by PolyMet to
groundwater are governed by the Clean Water Act," the decision states.

PolyMet has developed plans for a copper-nickel-platinum mine near Babbitt and to process the minerals at the former LTV iron ore processing site in Hoyt Lakes.

Chris Knopf, executive director of Friends of the Boundary Waters, issued the following statement regarding the update:

We are glad that the Minnesota Court of Appeals struck down PolyMet’s wastewater pollution permit. Previously, the Minnesota Supreme Court struck down their mining permit so Polymet still cannot put a shovel in the ground.

But we do have disagreements with part of the decision today, including the part that there were no repercussions for the Minnesota Pollution Control Agency suppressing the written concerns of a federal EPA scientist that a draft permit would violate the Clean Water Act.