ELR Citation: 53 ELR 20020
No(s). 22‐CV‐0181 (PJS/LIB) (D. Minn. Feb 1, 2023) (Schiltz, J.)

A district court granted in part and denied in part a mining company's motion to dismiss a lawsuit concerning a proposed open-pit copper-nickel mine in northeastern Minnesota. Environmental groups argued FWS and the Army Corps of Engineers violated the ESA by failing to reinitiate consultation in response to alleged increases in unrelated mining activities, further developments in the science and understanding of the impacts of copper mining, and a change to the company's wetland mitigation plan. The company moved to dismiss for failure to state a claim. The court granted the motion insofar as the groups claimed reinitiation was required due to an alleged increase in the extent and magnitude of additional sulfide copper mining in northeastern Minnesota, as well as further development of the science and expert understanding of potential adverse impacts of a copper mine in the relevant region. But it denied the motion in all other respects.