Minnesota Court of Appeals to decide whether to keep withholding 2 permits for PolyMet mine

The Minnesota Court of Appeals will hear oral arguments Wednesday as it weighs whether to continue withholding two permits for the PolyMet’s proposed copper-nickel mine in the northeastern part of the state. 

Earlier this year, the court blocked two key permits needed to move forward with the mine—a victory for environmental groups. 

Now, the big question before the court will be what the Minnesota Department of Natural Resources considered after it approved PolyMet’s application. 

Those who want to see the project move forward say the massive open pit mines could yield hundreds of millions of tons of copper and nickel ore, creating an entirely new industry in the northern part of the state. 

However, the project could also jeopardize natural resources in the area. 

Environmental groups and the Fond du Lac Band of Chippewa are fighting the mines, saying they will harm the environment, including the nearby Boundary Waters Canoe Area Wilderness, a federally protected wilderness. The concern is sulfide contained in the rocks that could contaminate the air and water. 

Last month, the court suspended two permits, ruling that the DNR did not adequately consider recent key developments about the permits. 

One of those key developments was the massive failure of dam at an iron ore mine in Brazil, a dam that shares the same design characteristics of PolyMet's plan.

The state Court of Appeals will hear oral arguments in the case on Wednesday. 

The court is saying the DNR should be prepared to detail its evaluation of the permit to mine and a dam safety permit in light of those recent developments.