There is speculation in that headline, but there is the fact that the Corps of Engineers has revoked a previously suspended permit for the Polymet proposed project, (the permit seeker has since rebranded to NewRange Copper Nickel, LLC).
Strib and PiPress carry the same AP feed.
Quoting from Duluth NewsTrib's locally written coverage:
HOYT LAKES — The U.S. Army Corps of Engineers has revoked a key discharge permit for the project vying to become Minnesota's first copper-nickel mine [...]
But NewRange Copper Nickel, the joint venture between PolyMet and Teck formed earlier this year to see the advance Northmet copper-nickel mine and processing facility near Hoyt Lakes and Babbitt, can still apply for the permit again, the Army Corps said.
In a 27-page decision released Tuesday, Col. Eric Swenson, district commander of the Army Corps' St. Paul District, wrote that it was revoking the project's Section 404 permit, which allows the company to discharge dredged and fill material into over 900 acres of wetlands.
"With the finding that there are currently no conditions that can ensure compliance with the water quality requirements of the Fond du Lac Band of Lake Superior Chippewa, I have determined that revocation of the subject DA (Department of Army) permit would be in the public interest," Swenson wrote.
[links in original, italics added] It seems judicial economy would lead to any lawsuit's dismissal unless the administrative remedies are exhausted, i.e., that the reapplication option is followed and succeeds or fails. NewRange might argue reapplication would be futile given the quoted finding, that the law does not require taking a futile step, and the Corps could reply that reengineering prior to reapplication might change the Corps' outlook. Reengineering in the interim might lessen the likelihood of havoc, but the best guess is they will not reengineer since it gives no guarantee of success; none whatsoever. The guess is that they argue reapplication is futile and what they face is a de facto final agency decision. Alternatively, NewRange could reapply, and sit and await the 2024 Presidential election before pushing for administrative action on the reapplication; (timing requirements not known or researched).Swenson cited the Fond du Lac Band's specific concerns that the project would cause additional pollution from mercury and specific conductance, a measure of dissolved solids like sulfate.
In a statement, Fond Du Lac Band Chairman Kevin Dupuis Sr. said the Army Corps decision was "the right one" as it upheld treaty promises made by the U.S. to the band, noting the 1854 Treaty promised permanent homeland to its people downstream from the project.
"We were also promised the ability to exercise our traditional hunting, fishing and gathering rights within our aboriginal lands that were ceded under the 1854 Treaty where the Project will be located. Despite these solemn promises by the United States, our Reservation and our Ceded Territory lands have been under attack from pollution for decades," Dupuis said. "Today’s decision protects the rights and resources promised to us under the Treaty.”
In a news release, NewRange said it was "reviewing all of our options [...]"
The company did not say if it would seek legal action or reapply for the permit.
Stauber will squeal. To get reelected, he'll squeal all the louder, and Emmer will issue an attaboy.
The locals might try to find a vengeful way to impact the tribe's casino.
Also, the mining interest - the ultimate Swiss firm - might try to buy off the tribe; where success that route is unlikely.
Given how reapplication is offered, the U.S. Supreme Court will not likely get an opportunity to fuck up a current good result before the 2024 election. Beyond law on water quality per riparian rights; Treaty promises are at issue. One can imagine how Alito might want to do in the tribe on Treaty rights, as a precedent. Roberts and friends might want to do in the tribe on water rights; with Citizens United "people" having powerful rights too, after all.
If Biden is reelected the Corps will stand firm. If Trump wins, it could be as it was during his one term. The Corps less willing to rock the BIG boat. That's all guessing. Nobody has a working crystal ball to know the future.
BOTTOM LINE:
Vote Biden!
___________UPDATE___________
Having been told Stauber's office issued a whining press release about the Corps decision, I could not track one down.
Readers should from time to time check his congressional website for a press release. https://stauber.house.gov/media/press-releases
There is an earlier item:
Stauber Statement on the Biden Administration’s Recommendation to Cancel PolyMet’s 404 Permit
May 3, 2022Today, Congressman Pete Stauber released the following statement regarding the Environmental Protection Agency's (EPA) recommendation for the U.S. Army Corps of Engineers to cancel PolyMet's Clean Water Act Section 404 permit for the NorthMet project.
"Today's recommendation by the EPA is just another appalling, yet unsurprising, political decision by the Biden Administration to halt domestic mining and energy projects. This Administration is following through on the promises of the President, who in May of 2021 voiced his opposition to domestic mining.
[...] Like other projects in the region, PolyMet has a Project Labor Agreement with building trades unions. If this Administration were serious about securing our supply chains for national security, electric vehicles, and renewable energy projects, why are they trying to shut down one of the mines about to break ground for copper, nickel, cobalt, and more?
[...] "Our federal agencies should be focused on empowering our domestic energy industry to mine here in Minnesota to meet the rising mineral demand by using American workers, American technology, and the strictest environmental standards. [...]
"Meanwhile, I look forward to the U.S. Army Corps of Engineers conducting this first-of-its-kind contested case hearing in a professional manner. The Army Corps has a strong track record of reaching their decisions based on the facts and science, and not the political whims of Washington, just like they did the first time around on this Section 404 permit."
Singing, Jobs, Jobs, Jobs, as expected, he ends saying he trusts the Corps to make a decision based on facts and science. They have.
Expect a statement claiming they did not do so. But wait and see for certain.
Emmer's Congressional website - https://emmer.house.gov/ - appears to have not yet posted anything yet about the Corps decision.
Again, the Duluth paper linked to the Corps online decision. Readers may wish to read it, since the original source is available, yet at 27 single spaced pages others may simply rely on reporting.
.........................................
Stauber's congressional website now has posted:
June 6, 2023Congressman Pete Stauber (MN-08) released the following statement on the Biden Administration revoking a Clean Water Act permit for the NewRange project.
Read it. Never mind what he said earlier. The Corps decided, Stauber dislikes what they decided, so now "political." And they voted for him???
From that item:
“The Biden Administration continues their assault on northern Minnesota and our way of life. We are on the cusp of delivering for the world and our country an ethically and responsibly sourced supply of these greatly needed critical minerals for our everyday life. Again today, this activist administration took another step toward killing yet another domestic mining project in the largest copper nickel find in the world. [...] "
“Today’s political decision highlights the need for serious permitting reform to limit frivolous lawsuits and modernize the Clean Water Act permitting process. I will continue to lead in this fight for this project The activists in Washington took away a Clean Water Act permit, previously granted by experts at the U.S. Army Corps of Engineers, and in essence gave a gift to the Chinese Communist Party. Because of this, America will be more reliant on China, which has no environmental or labor standards and uses minerals sourced by child labor."
From online, worldwide copper reserves, five leading nations - not China, not the U..S. but, never mind.
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He will continue to say what keeps him in office. He may even embellish.
It appears he honestly believes short-term high-risk is best for the State if it provides a few Range jobs. He has tunnel vision.
________FURTHER UPDATE________
In fairness to Stauber, he is correct that the process is politicized. It is about setting sound policy. A few jobs and some firms making big profits, vs. a Treaty promise and avoiding risk of poisoning a vast stretch of land including where the tribal rights were promised. It is short-term and damn the risks, or long-term, and Taconite already provides the Iron Range jobs in a number far greater than any incremental number of jobs added, were this highly dangerous long-term high-risk thing allowed to happen.
In effect, it is good politics prevailing over bad local selfish dangerous politics, (as represented by Stauber). It is sanity prevailing over selfishness.
_________FURTHER UPDATE__________
Having studied the full Corps report, it appears the key findings, after recitation of hearing detail, appear at p.21 of the report:
[...T]he Corps finds the information provided by EPA and the Band to be compelling and determinative with respect to the impact that the project will have on the Band's waters. In addition, no new conditions were provided at the hearing that the Corps could add to the suspended CWA Section 404 permit that would ensure compliance with the Band's water quality requirements. Based on all information provided at the hearing, to include the absence of such conditions, the Corps is unable to issue a modified CWA Section 404 permit that would ensure compliance with Band's water quality requirements.
IV. Other Topics Raised at the Hearing The Band presented on additional reasons to revoke the CWA Section 404 permit aside from water quality impacts. Those reasons included issues regarding the Corps' CWA Section 404(b)(1) analysis for the permit, the U.S. Government's treaty right obligations, tailings basin dam failure and environmental justice, among other concerns. Because the Corps has decided to revoke the CWA Section 404 permit for reasons concerning water quality under CWA Section 401 (a)(2), those additional reasons that the Band presents for revocation are not germane to the Corps' decision and do not need to be addressed at this time.
From recited showings of the EPA, the Band, and Polymet, it appears Polymet raised no objection of record to procedural matters. Above are the ultimate findings of the Corps based on the full record. The Corps has expertise in matters heard and a reviewing court would likely not find cause to refuse to defer to that expertise in findings of fact. Water quality was the decisive issue, while other factors were reserved for further resolution, should a court find cause to reverse the Corps' findings; which would require clear error, and there appears no procedural defect in the recitation of hearing conduct.
Polymet, whatever contention of error in conclusions of law it might invent, is bound by the findings absent prejudice or clear error. It seems bereft of grounds to appeal to the courts based on findings supported by evidence in the record. As a civil matter preponderance of the evidence is required, not any enhanced standard.
Clearly, these are Crabgrass opinions, we all can have opinions, and the ball is now in Polymet's court. Water quality considerations govern, and the Corps has been fair in how it heard things. Both positions for and against sulfide mining at the site were future oriented - Polymet has done nothing at the site, the site has a history and the river and wetland water quality on Band property at present is a part of that history. Otherwise, expert guesses on both sides were offered, and the Corps decided without apparent procedural error that proposed mining and its risk had not been justified by Polymet, having the burden of convincing the agency after the EPA and the Band had made their initial showings. EPA and the Band preponderated.