ELR Citation: 52 ELR 20014
No(s). A19-0112, A19-0118, A19-0124, A20-1271, A20-1380, and A20-1385 (Minn. App. Ct. Jan 24, 2022)

A Minnesota appellate court affirmed in part and reversed in part the Minnesota Pollution Control Agency's (MPCA's) issuance of a permit for a copper-nickel mine in northeastern Minnesota that would allow discharging water from mine facilities. Environmental groups and a tribal band argued the MPCA erred by issuing a permit that did not include water-based effluent limits, and that allowed discharges that would cause or contribute to violation of state water quality standards without separately issuing a construction stormwater permit; and by not considering whether any discharges to groundwater would be the functional equivalent of a discharge to navigable waters under the CWA. The court found the MPCA did not err by issuing a permit without water-based effluent limits or without issuing a separate construction stormwater permit, but that it did err by not properly considering whether the CWA applied to any future discharge from the mine to groundwater. It affirmed in part and reversed in part, and remanded to the MPCA to determine whether any discharges by the mine to groundwater were governed by the CWA.