Minnesota court remands Polymet mining permits

Pittsburgh — The Minnesota Court of Appeals reversed the Minnesota Department of Natural Resources' decision to issue mining and dam-safety permits to Polymet Mining for its NorthMet project in Minnesota, subsequently remanding the permits back to the DNR for a contested-case hearing and delaying work on the new mine, according to a court decision released Monday.

The court ruled that the DNR erred by issuing the permits without a fixed term and refusing a request from environmental groups for a contested-case hearing of the permits when they were granted in November 2018.

The DNR's decision to refuse the contested-case hearing was challenged by the Minnesota Center for Environmental Advocacy and the Fond du Lac Band of Lake Superior Chippewa.

Polymet said Monday it was disappointed in the court's decision, adding that its work at Northmet is "built on a comprehensive process of scientific study, analysis and public review and comment established in state law."

"We are reviewing the decision and exploring all of our options, including filing a petition for review to the Minnesota Supreme Court," Polymet said in a statement.

Polymet controls 100% of Northmet's mineral rights. The polymetallic mine is reported to contain 1.16 billion lb of copper, 170 million lb of nickel, 6.2 million lb of cobalt, and 1.56 million oz of precious metals, according to the company's website.

PROJECT DELAYED ON RECURRING LEGAL CHALLENGES

The court ruling delays PolyMet's plans at NorthMet, which has been met with consistent legal opposition since 2018.

The decision ends a string of legal victories that Polymet accrued over the last several months.

In August, the Minnesota State Supreme Court declined to hear a petition from environmental groups that scrutinized a lower court's decision upholding an environmental review for NorthMet.

In October, the US District Court in Minneapolis dismissed all lawsuits challenging the land exchange between the US Forest Service and PolyMet for the mine project.

Later in October, the Minnesota State Supreme Court declined to review a petition from environmental groups regarding the state's nonferrous mining rules.

In a November statement, Polymet CEO Jon Cherry referred to Northmet as a "fully permitted project."

Despite the most recent ruling, Polymet said it was "firmly committed to putting people to work in northern Minnesota and will continue pushing forward on the project."

"The NorthMet deposit is abundant in metals that address climate change in the way of renewable and clean energy technologies," Polymet said. "We are confident that we can produce these high-demand metals responsibly, with Minnesota workers, and in compliance with all applicable regulations."