Poly Met Mining, Inc., a wholly owned subsidiary of PolyMet Mining Corp. on Tuesday filed a Petition for Review to the Minnesota Supreme Court seeking to overturn a January state Court of Appeals decision that remanded the company’s Permit to Mine and dam safety permits back to the Department of Natural Resources for a contested case hearing.
“We are respectfully asking the Supreme Court to right what we believe is a wrong. The court of appeals effectively opened the door to an unpredictable loop of review and additional litigation for Minnesota permittees with its interpretation of the statute,” said Jon Cherry, president and CEO. “The court’s ruling increases uncertainty and permitting time not only for mining projects but also for many other projects in the state that require DNR or MPCA permits,” he said.
The company’s petition cited several reasons for the appeal, including:
• that the court of appeals’ ruling conflicts with both the relevant statute and the Supreme Court’s precedent; and
• that agencies should not be required to hold a contested case hearing when there is no reasonable basis for thinking that such a hearing would help them make a decision.
Cherry said the company is determined and confident that it will advance Minnesota’s first copper-nickel-precious metal mine, introducing a new era of modern, responsible mining on the Iron Range while creating nearly 1,000 jobs in the process. “We have proven that we can meet Minnesota’s strict standards,” he said.