Minnesota regulators did not adequately consider whether a key water permit for a proposed copper-nickel mine would comply with the Clean Water Act and did not take seriously federal regulators’ concerns, which were left out of the public record, on the permit, the Minnesota Supreme Court said in a decision.
“While we are disappointed the Supreme Court did not reopen the comment period on this permit, the court sent a strong signal to MPCA that it cannot hide or destroy information that contradicts its desired outcome on a case,” PEER executive director Tim Whithouse said in an emailed statement to the News Tribune. “That is exactly what happened here. We are grateful that the court was frank in stating that MPCA’s shenanigans were unacceptable and should not be allowed to stand. We hope that MPCA takes this decision seriously and reforms how it handles controversial cases in the future.”