EPA Reviewing Downstream Mine Impacts Following Precedential Ruling

摘要

EPA is reconsidering whether a planned copper-nickel-platinum mine in Minnesota will harm downstream water quality standards after a federal district court issued what appears to be a first-ever ruling that the agency has a mandatory duty to determine whether Clean Water Act (CWA) permits "may affect" such downstream standards. U.S. District Court for the District of Minnesota Judge Patrick J. Schiltz granted EPA's request for a voluntary remand of the issue March 8, following a Feb. 16 ruling that found "that EPA had a legal duty to make a 'may affect' decision" under CWA section 401(a)(2) and notify a Native American tribe of that decision.