One of three separate inquiries into a disputed water permit for PolyMet Mining Corp. got underway in a St. Paul courtroom Wednesday, where a Ramsey County judge ruled that environmental groups challenging the permit can conduct "limited" discovery to question state regulators and request documents.
At issue is whether Minnesota pollution regulators violated procedural rules as they approved the permit in negotiation with their counterparts at the U.S. Environmental Protection Agency (EPA).
The findings could determine the fate of the permit. If the court determines there were "irregularities" serious enough to compel a new or revised water quality permit, it could spell delays for PolyMet's proposed $1 billion mine and processing plant — which would be the state's first copper-nickel mine.
PolyMet spokesman Bruce Richardson said Wednesday that the company continues to line up project financing, "and at this time, we do not anticipate any significant project delays."
It's an unusual case — not a conventional lawsuit but rather a proceeding ordered by the Minnesota Court of Appeals "for the limited purpose of an evidentiary hearing and determination of the alleged irregularities in procedure."
A coalition of Minnesota environmental groups and the Fond du Lac Band of Lake Superior Chippewa have alleged that significant concerns about the water permit raised by EPA officials were kept out of the official record, and that a Minnesota regulator instructed the EPA not to submit written comments during the public comment period.
Lawyers for PolyMet and the Minnesota Pollution Control Agency emphasized the word "limited" in the Appeals Court instructions. They asked Ramsey County District Judge John Guthmann not to allow additional discovery, which includes gathering evidence through interviews and document requests, for instance, and can take many months.
Lawyers for the mine's opponents argued for a more expansive discovery. "We don't know the full extent of the procedural irregularities," WaterLegacy attorney Paula Maccabee told the judge.