Army Corps Puts Minnesota Mine Permit On Hold During EPA Review

摘要

The Army Corps of Engineers has informed PolyMet Mining that it is suspending a Clean Water Act (CWA) section 404 permit for a planned copper-nickel-platinum mine in Minnesota while EPA reconsiders whether the controversial mine will harm downstream water quality standards in response to a landmark court ruling. 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 precedent-setting 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. "The outcome of EPA's 'may affect' determination may require the Corps to reconsider the 404 permit," Col. Karl Jansen, St. Paul district engineer, writes in a March 17 letter to PolyMet. "It is therefore necessary in consideration of the public interest to suspend the 404 permit while the EPA reconsiders effects on downstream water quality from the proposal under 401 (a)(2)."