MINNEAPOLIS (AP) – The Minnesota Supreme Court on Wednesday affirmed a lower court’s reversal of a critical mining permit for the proposed PolyMet copper-nickel mine in northeastern Minnesota, handing environmentalists a victory in the long-running battle over the $1 billion project.
The court said the state Department of Natural Resources should have set a fixed period for the permit to mine, rather than leaving it open-ended. It ordered the agency to determine and set an appropriate term.
“In layman’s terms, the PolyMet permit to mine just went boom. It was overturned and it starts over. What that means is the DNR is going to start from scratch,” said Paula Maccabee, an attorney for WaterLegacy, one of the groups fighting the project.
The court also ordered the DNR to conduct a trial-like proceeding known as a “contested case hearing” to gather more evidence on whether a bentonite clay lining for the mine’s waste basin would prevent acid mine drainage and keep pollution contained. The justices said there is no evidence in the record that it would be effective.
Maccabee said the ruling on that point, which was narrower than opponents had sought, was nevertheless “not trivial” because it would force the DNR to better deal with long-term water pollution concerns, and that opponents would try to raise broader environmental issues during the hearing.
