MCEA will defend ruling that overturned PolyMet permits, ordered full trial on the facts

PRESS RELEASE: 2/12/2020           CONTACT: Aaron Klemz, Director of Public Engagement

DULUTH, MINNESOTA – Today, the Minnesota Department of Natural Resources (DNR) joined PolyMet Mining and asked the Minnesota Supreme Court to review a ruling by the Minnesota Court of Appeals that struck down PolyMet’s permits.

In January, the Minnesota Court of Appeals unanimously struck down PolyMet’s permit to mine and dam safety permits issued by the DNR and ordered a full trial (called a “contested case hearing.”) The Appeals Court held that Minnesota Center for Environmental Advocacy, the Fond du Lac Band of Lake Superior Chippewa, and WaterLegacy had presented expert evidence about the risks  of PolyMet that the DNR disregarded. Those risks and concerns should be evaluated by an independent fact finder, the appeals court concluded, before the DNR makes a decision on these permits.

Kathryn Hoffman, Chief Executive Officer at the Minnesota Center for Environmental Advocacy, issued the following statement:

The Minnesota Court of Appeals ruling that struck down PolyMet’s permits was well-reasoned, and we believe it will stand. The Court properly concluded that the risks of PolyMet’s proposal are too important not to be fully evaluated by an independent judge—a request DNR improperly denied during the permitting process.

By filing an appeal, PolyMet and the Department of Natural Resources are attempting to avoid a decision based on the facts and science. If the DNR had done what the law requires and held a contested case hearing before issuing these permits, we would already have a decision. 

The Minnesota Center for Environmental Advocacy will file a response to this petition for review within 14 days. The Minnesota Supreme Court will then decide whether to review the Minnesota Court of Appeals’ decision.

###