Yet another PolyMet permit enters the deep freeze
Yet another PolyMet permit enters the deep freeze
The Minnesota DNR’s decision to stay the PolyMet Permit to Mine explained
On November 25th, Grant Wilson, the Minnesota Department of Natural Resources (DNR) decision-maker on the PolyMet permit to mine contested case hearing, suspended the proceedings because of statements from PolyMet/NewRange that “indicate a strong likelihood that PolyMet may amend or abandon its current tailings basin design.” What does that mean? It means that yet another permit needed by PolyMet/NewRange to construct and operate their proposed copper sulfide mine has hit a dead end.
This is an important decision by the Minnesota DNR that suspends any action on the permit to mine until August 2025. PolyMet/NewRange’s August 2024 press release announcing that they intend to embark on four studies of their proposal, which may result in changes to their mine plan, clearly signals they are reconsidering their proposal. Rather than continuing a mooted proceeding, the DNR wisely suspended the contested case hearing.
As the letter announcing the decision states: “DNR, the Petitioners, and the public would be harmed in the absence of a stay due to the potential for significant effort and public funds to be exerted for a matter which may become moot. Moreover, if PolyMet ultimately amends or withdraws its application, the DNR and likely the Petitioners will be tasked with addressing the new or amended application. In other words, continuing with the present proceedings may result in an unnecessary application of significant time and resources.”
While this is not the end of the road, it is an important moment. The DNR’s job is to protect Minnesota’s resources and they do not have unlimited resources to continue analyzing a mine plan that PolyMet/NewRange is revising.
JT Haines, MCEA Northeastern Minnesota Program Director reacted to this decision:
“This is an important decision from the Minnesota DNR. Rather than continuing to waste scarce resources and everybody’s time, this decision recognizes that PolyMet owes Minnesotans transparency and honesty. Either PolyMet can confirm that their plan is to continue to push a dangerous and illegal mine plan, or they can go back to the drawing board.”
The decision by the Minnesota DNR is in regard to the state-issued Permit to Mine and can’t be overturned by any action of the incoming Trump administration. In April 2021, the Minnesota Supreme Court reversed the permit to mine, and remanded it to the Minnesota DNR for a contested case hearing. In November 2023, Administrative Law Judge James LaFave found that PolyMet’s proposal to use bentonite clay to block tailing seepage would violate state rules for reactive mine waste and referred the matter back to the Minnesota DNR for a final decision.
For more background on the contested case hearing process and what’s at stake in these proceedings, JT Haines wrote a comprehensive explanation in April 2023, click here to learn more.