On Monday, the Minnesota Court of Appeals issued this nonprecedential opinion:
A21-0857
Northeastern Minnesotans for Wilderness, Respondent, vs. Minnesota Department of
Natural Resources, et al., Respondents, Twin Metals Minnesota LLC, intervenor,
Appellant.
Affirmed. Judge Michael L. Kirk. *
Ramsey County District Court, Hon. Laura Nelson.
Here's what it means. Reporting for the Duluth News Tribune in Minnesota court upholds group's right to challenge mine-siting rules near Boundary Waters, Peter Passi wrote:
Opponents of Twin Metals Minnesota LLC's plans to mine copper, nickel and other minerals from a deposit on the outskirts of the Boundary Waters Canoe Area Wilderness notched at least a modest win Monday, as the Minnesota Court of Appeals affirmed the public's right to seek further review of the state's current mine-siting rules.
Those rules ban nonferrous mining in both the Boundary Waters proper and in a buffer zone surrounding it. However, they do not preclude nonferrous mining in the area that Twin Metals aims to develop at Birch Lake near Ely.
A group called Northeastern Minnesotans for Wilderness challenged the adequacy of current regulations, noting that while the site Twin Metals hopes to mine is located outside an established buffer zone, it sits within the Rainy River headwaters, which flow into the Boundary Waters.
In a statement issued Monday, Becky Rom, national chair of the Campaign to Save the Boundary Waters, hailed the ruling, saying: "The Boundary Waters is a national and state treasure. Today's strong legal decision by the Minnesota Court of Appeals clears the way for a much-needed examination by the state of whether the nation's most-toxic industry should be allowed in the same watershed as America's most-visited wilderness."
One of the group's chief concerns is the prospect of harmful sulfides from the copper-nickel deposit leaching into the water system and surrounding environment.
But Twin Metals contends its mine would pose little risk to the environment. In a statement, the company said: "The underground Twin Metals mine will have minimal surface impact, and utilize dry stack tailings management, which is lauded by environmental groups and endorsed by more than 140 NGOs (non-governmental organizations) as the gold standard for tailings management in the mining industry." . . .
Minnesota Public Radio ran with an Associate Press story, Appeals court says group can sue over Minnesota mining rules:
A Minnesota appellate court affirmed Monday that a wilderness advocacy group has standing to challenge state rules restricting copper mining sites.
The ruling means that Northeastern Minnesotans for Wilderness' efforts to block a proposed copper mine near the Boundary Waters Canoe Area Wilderness can continue.
Minnesota's 29-year-old nonferrous mining siting rules prohibit mines in the Boundary Waters but allow them along waters that flow into the popular outdoors getaway. The wilderness group filed a lawsuit in June 2020 arguing the rules should be amended to prohibit mining along waters that flow into the area as well.
The lawsuit is designed to block Twin Metals Minnesota's plans for a massive copper-nickel mine in the Rainy River Headwaters. The wilderness group fears run-off from the mine would flow north into the Boundary Waters. . . .
The Star Tribune also ran the Associated Press story.
We're pleased with the court's decision.
Photo: "Two paddlers make their way down the Kawishiwi River near Ely. The group American Rivers has again named the Kawishiwi one of the 10 most endangered rivers in the U.S. because of the potential of polluted mine waste from the proposed Twin Metals copper mine. Forum News Service file photo" via Minnesota court upholds group's right to challenge mine-siting rules near Boundary Waters.
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