Monday, March 23, 2020

Another PolyMet permit gets bounced

From an MCEA press release. To my non-lawyer eyes, the court seems to be saying, and not for the first time, "we know what you a-holes are trying to pull, and it ain't happening."
Today, the Minnesota Court of Appeals remanded the PolyMet air pollution permit back to the Minnesota Pollution Control Agency (MPCA). The Court found that the MPCA did not evaluate whether the air permit was a “sham permit” that does not accurately reflect the size and scope of PolyMet’s proposed mine. Notably, the Court of Appeals has rejected every PolyMet permit that it has reviewed...
The Court found that MPCA did not adequately respond to evidence presented by MCEA about plans to expand the proposed mine. The decision remands the permit back to the agency to consider whether a stronger permit that includes the best available technology to limit air pollution is required. The air permit is issued under the Clean Air Act, and the proposed mine cannot operate until it has a valid permit. 

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