NorthMet Mining Appeal Success Reflects LWVMN Amicus Brief
On January 13, the Minnesota Court of Appeals issued an opinion on a lawsuit regarding the NorthMet mining permits, and the opinion reflects arguments made by LWVMN in its amicus brief.
In December 2018, various environmental organizations, including the Minnesota Center on Environmental Advocacy and WaterLegacy, as well as the Fond du Lac Band of Lake Superior Chippewa, challenged the Department of Natural Resources for issuing permits to PolyMet for its NorthMet mining project and related dam permits. The environmental groups argued that the Commissioner of Natural Resources was required to have a contested case hearing, a type of factual review in which affected persons could submit evidence for evaluation.
Based on LWVMN’s position on natural resources and the importance of public participation in reviewing how permits affect natural resources, LWVMN submitted an amicus brief. LWVMN argued that public participation and factual review was critical to principles of how the state government must operate when considering mining and dam permits. LWVMN also argued that the Commissioner was required to hold the contested case hearing.
The Court of Appeals concluded, among other things, that the Department of Natural Resource’s “decision to deny a contested-case hearing in relation to the NorthMet project was based on errors of law and unsupported by substantial evidence.” The court has ordered the Department of Natural Resources to hold a contested case hearing.