REGIONAL—The state’s Supreme Court has agreed to hear appeals from both the Department of Natural Resources and PolyMet Mining challenging a lower court decision that revoked three key permits for PolyMet’s proposed NorthMet copper-nickel mine near Hoyt Lakes.
The Minnesota Court of Appeals, in January, determined that the DNR should have conducted a contested case hearing before an administrative law judge prior to issuing the contested permits. The court noted that environmental groups and the DNR’s own consultants, in some cases, had raised serious concerns about elements of two dam safety permits as well as the overall permit to mine issued to PolyMet by the DNR.
Both the DNR and PolyMet had asked the Supreme Court to take another look at the case, and the court has now agreed in an order issued on Wednesday, March 25, by Chief Justice Lorie Gildea.
Environmental groups and the Fond du Lac Band, which had filed the original case, say they’re prepared to defend the appellate ruling.
The order also grants motions by several individuals and entities to present “friend of the court” briefs. That includes the Minnesota Chamber of Commerce and Mining Minnesota, both of which plan to submit briefs on behalf of PolyMet. Three individuals, including former Minnesota Gov. Arne Carlson, will be allowed to submit their own briefs on behalf of environmental and tribal critics of the PolyMet project. The timeline for the appeal could be lengthy. Cases brought before the state’s Supreme Court frequently take a year or more to reach a ruling.