ELR Citation: 50 ELR 20028
No(s). A18-1952, A18-1953, A18-1958, A18-1959, A18-1960, and A18-1961 (Minn. Ct. App. Jan 13, 2020)

A state appellate court reversed the Minnesota Department of Natural Resources' decisions to deny petitions for a contested-case hearing and issue mine and dam safety permits for a proposed copper-nickel-platinum mine in northeastern Minnesota. Environmental groups petitioned the Department for a hearing, arguing that their members owned property near the proposed mine that would be affected by pollutants discharged and by a foreseeable failure of the associated dam. The Department denied the petition, reasoning that the members expressed concerns about speculative events that were unlikely to occur. The court found that the Department's interpretation of state law concerning petitions for contested-case hearings—that the only property that would be affected by the proposed mine is property directly adjacent to the mine—would render illusory the right to such a hearing, and thus concluded that the Department erred in denying the petition. Further, the groups' members provided substantial evidence of their ownership of property downstream of the project that would be affected by the mine's discharge. The Department argued that a contested-case hearing was only warranted when a person introduced new evidence that the agency had not previously considered in environmental review or permitting proceedings, but the court concluded that such a hearing was required when there was probative, competent, conflicting evidence on material issues of fact. Because there was such evidence, a contested-case hearing was required before the Department made its decisions. The court therefore reversed the decisions granting the mine and dam safety permits, and remanded to the Department to hold a contested-case hearing.