September 2020 MCEA newsletter

In this issue of MCEA's Environmental Monitor:

- An invitation to this year's new vision for our annual event

- We need your help to get Limbo Creek out of limbo

- Your action helped defend rare and precious wetlands in Minnesota

- PolyMet water permit "irregularities" ruling released

For a decade, we have hosted Legally Green as a big, annual, in-person event to connect with the supporters that make all of our success possible. Over the years, thousands have gathered and needed resources have been raised to fuel our mission. As our communities adjust in so many ways to COVID-19, Legally Green has to change this year too - just like the Minnesota State Fair.

While we will miss seeing you in person this year, we are thrilled to seize the opportunity to do things differently and launch State of the Environment: Voices Driving Change. Over 10 days, we will elevate the voices of people across Minnesota that are driving change for clean water and climate justice via a brand new podcast, webinars and virtual events including Legally Green: LIVE in Your Living Room.

There is much more to explore! We will be holding webinars on everything from the Minnesota Legislature to the groundbreaking lawsuit by Minnesota Attorney General against Big Oil (if you're a lawyer, you're eligible to receive CLE credit for that one). Also, we are very excited to release three episodes of a brand new podcast.

Take your time digging in, let us know if you have any questions, and we hope to see you there (virtually)! Again, if you can only squeeze in one event, please join us at Legally Green LIVE in your living room on Tuesday, September 24th at 7:00pm.

The State of the Environment: Voices Driving Change is an event for all of us. Our goal is to make all aspects welcoming and accessible. If you have needs to fully participate, including technology support or language interpretation, please contact Kalsey at Kalsey@DoGoodEvents.com or 612-293-9420 at least 3 business days in advance.

Limbo Creek is the last unaltered free-flowing stream in Renville County, Minnesota.

In 2017, the Minnesota Department of Natural Resources (DNR) removed Limbo Creek, among 640 miles of streams and rivers, from the Public Waters Inventory. This is the list of protected public waters in Minnesota. This lack of legal status made it vulnerable to a proposal to ditch and straighten a portion of Limbo Creek. 

After MCEA petitioned to correct this error, DNR recently published a public notice to add Limbo Creek and four other streams to the Public Waters Inventory and opened a 90-day public comment period.

Your voice during this public comment period is critical. Join MCEA and ask DNR to add Limbo Creek and the four other waterways to the Public Waters Inventory. 

Protecting Limbo Creek is important, but this correction is just the first step. There are still hundreds of miles of Minnesota waters that need to be placed back on the Public Waters Inventory to make it clear that they are protected under Minnesota law.

There are voices across Minnesota fighting for these needed changes. Click here to read a profile on Tom Kalahar, a career-long advocate for protecting Minnesota's water. Tom's story is featured as part of MCEA's first ever magazine: State of the Environment: Voices Driving Change.

Click here to take action

Nearly 500 Minnesotans took part in MCEA's action last month, and the Minnesota Pollution Control Agency (MPCA) listened.

The emails to the MPCA telling them that the comment period on the Barrick Farms proposal must be extended to get the data needed to know the impact on three nearby endangered wetlands worked. 

Barrick Farms proposes to build a new feedlot with over 16,000 hogs near three rare, fragile, calcareous fens. According to Minnesota Department of Natural Resources staff, all three are potentially at risk from the 15 million gallon per year well that Barrick Farms would build.

An aquifer test was ordered to determine the impact of this proposal on these fens, and thanks to quick action from our supporters, the comment period has been extended so the public can see the science and have their say before public input ends. 

MCEA's experts will be closely monitoring the results too, and we will let you know how you can help defend the fens once the test is complete. 

This victory is another clear example that your individual voice and actions matter. Thank you to everyone who took a moment to complete this online action. And, thank you to our donors for continuing to fuel the strong team that allows us to be a watchdog for Minnesota's environment —  keeping an eye on polluters and our government agencies, even when it's hard to do. Your support helps us keep this work going. Thanks again!

District Court decision on PolyMet Water Permit reveals effort to "avoid bad press" by silencing EPA concerns

Ramsey County District Court Judge John Guthmann released a ruling and order on Thursday, eight months after an unprecedented trial into "procedural irregularities" surrounding the PolyMet water pollution permit. The 104-page decision agreed with us on the basic facts, that evidence was hidden from the public and that emails were destroyed. But, we believe made the ruling was too narrow on issues of law, resulting in a decision that acknowledges the Minnesota Pollution Control Agency sought to quiet concerns by EPA scientists, but not doing enough to address that conduct in the ongoing case. MCEA is currently reviewing the decision to determine if we will appeal.

The case centered on the whether "procedural irregularities" took place in how the Minnesota Pollution Control Agency (MPCA) handled concerns of EPA staff about whether the PolyMet water permit was strong enough. The Court of Appeals found that there was substantial evidence of “procedural irregularities” and referred the case to a lower court to address them. In district court, MCEA and our allies presented evidence, thanks to EPA whistleblowers that came forward, that showed the MPCA made a deal with EPA regional leadership to not submit EPA concerns in writing during the public comment period. 

Judge Guthmann's decision on Thursday detailed how emails from MPCA leaders (Asst. Commissioner Lotthammer and Comm. John Linc Stine) to the EPA, asking them to withhold comment on the PolyMet water permit during the comment period, were destroyed and that constituted a "procedural irregularity."

This is important. The MPCA told the public and the press that the EPA did not have concerns about the water permit and that the MPCA never asked the EPA to withhold written comments. Whistleblowers came forward, and we now know that these statements were not true.

While we carefully review the ruling made on Thursday, we know one thing for certain. As a result of this trial, the public now knows about the EPA scientists' concerns that the PolyMet water pollution permit would not protect our water.

Minnesotans expect the MPCA to protect people's health and our clean water, and this case has shown they destroyed and concealed evidence from the public. We look forward to arguing the full case in front of the Court of Appeals, which is where it now returns. .

Here's what is important: PolyMet's water pollution permit is still stayed (suspended.) And, the permit to mine and air pollution permits have been struck down by the Court of Appeals. PolyMet does not have the permits required to construct or operate, and the ruling today does not change this.

We have a long way to go in this fight. We also learned on Thursday that oral arguments at the Minnesota Supreme Court on another PolyMet case will happen on October 13th. Our attorneys are gearing up to defend the Court of Appeals decision that struck down PolyMet's permit to mine. Please donate today to support our efforts to protect Minnesotans from PolyMet's unsafe proposal: the first mine of this kind in Minnesota's history.

We will not let a reckless permit approval process for the first mine of this kind in Minnesota's history lay the groundwork for a future of dangerous copper-sulfide mines in Minnesota.