Minnesota appeals court orders review of "procedural irregularities" in PolyMet permit --- Appeals ruling is a win for environmental groups against proposed mine. -- By Jennifer Bjorhus Star Tribune -- June 25, 2019 — 8:08pm
Finding "substantial evidence of procedural irregularities," the Minnesota Court of Appeals handed a victory to environmentalists Tuesday, ordering that a district court review the state's handling of a key water quality permit for PolyMet Mining.
The ruling marks the third inquiry that has been launched into a permit issued late last year by the Minnesota Pollution Control Agency (MPCA) and the U.S. Environmental Protection Agency (EPA). Earlier this month, the EPA's Inspector General opened an investigation into the agencies' handling of the permit, and then Minnesota Legislative Auditor Jim Nobles said he would conduct a review.
Among the irregularities noted in the Appeals Court order Tuesday: The EPA didn't submit its written comments on the draft of PolyMet's water permit for the public record, and instead read them to Minnesota officials over the telephone last year. Opponents of the proposed mine say that amounted to suppressing significant environmental concerns raised by EPA staff.
[...] Kathryn Hoffman, chief executive of the Minnesota Center for Environmental Advocacy, on Tuesday called for a stay on all permits PolyMet needs to proceed.
"With a federal investigation, a state investigation, and now a district court hearing … it's time to hit the pause button," Hoffman said. "Now Minnesotans can finally get answers about what MPCA was trying to cover up about the PolyMet permit."
Later in that item, reporting of new email revelations that recently gained public notice:
The e-mail appeared to support accusations that state and federal regulators may have contorted the permit process against the public interest. Former Minnesota Governor Arne Carlson called it "a huge political scandal."
"Everybody did their best to assure the public was kept out, and that challenging data was kept out," said Carlson, who has formed a loose confederation of current and former legislators opposed to copper sulfide mining near water, calling themselves the Sunshine Club.
The permit in question governs the pollutants PolyMet can discharge into surrounding waters. The mine operation will drain into the St. Louis River and Lake Superior, which provides drinking water for Duluth and other communities.
WaterLegacy lawyer Paula Maccabee said she's thrilled with the ruling.
"Something happened wrong here to benefit PolyMet, and it's time to fix that and make our regulatory process work the way it's supposed to work, to protect people and the environment," Maccabee said.
Duluth City Council Member Joel Sipress, who is traveling with a delegation to Toronto to protest at PolyMet's shareholders meeting, called the ruling "encouraging news." Sipress said he thinks the regulators dismissed the concerns of downstream communities.
"We've spent years and millions of dollars cleaning up the St. Louis River," Sipress said. "We want to be sure we don't repeat the mistakes of the past."
Have things hit a real snag, with courts poised to strike down a questionable process via a remand to agencies to do things right this time; and will it be a delay for a procedural "correction" before business as planned happens, or will a real watershed review be needed, with the future of PolyMet's adventure in doubt? Thinking here is a quick bounceback to dot "i's" and cross "t's" but with an assured outcome of the mine going operational, delayed substantially or briefly, but not reversed. Politics seem against the earth (with a system rigged against downstream Angst prevailing); Stauber and the Rangers singing, "Jobs, jobs, jobs, jobs ...".