The close mining ties of a Washington, D.C., law firm hired to protect Minnesota against possible lawsuits related to PolyMet Mining Corp. have drawn sharp protests from a leading environmental group and some state legislators.
Crowell & Moring, which the Dayton administration retained last month, has a long history of representing the mining industry. Its clients include the National Mining Association, several coal mining and oil drilling companies, and Massey Energy, whose former CEO, Don Blankenship, was convicted this week of criminal safety violations related to the 2010 Upper Big Branch mine disaster in West Virginia.
In a sharply worded letter to Gov. Mark Dayton, an attorney for the Minnesota Center for Environmental Advocacy (MCEA) said the choice seems to "predetermine" the outcome of key decisions regarding PolyMet's controversial proposal for a copper-nickel mine, even as the governor has repeatedly said he remains neutral and undecided.
"The decision to hire Washington, D.C., attorneys that regularly represent the mining industry raises significant questions about the state's position on PolyMet before the state has made any decisions," said Kathryn Hoffman, MCEA's lead mining attorney. Hoffman also said the firm would wind up unable to represent Minnesota because its other clients would create a conflict of interest in violation of legal ethics.
State Management and Budget Commissioner Myron Frans, who is guiding the process, said the state chose the sharpest lawyers for an exceptionally good price, and said they are able to represent the state's interests.
Frans said the firm has reviewed its potential conflicts and is able to create an ethical wall between its other clients and the state of Minnesota.
"They like to work both sides of the issue," he said. "It's an opportunity to get them on the public service side."
Frans said he is writing to the MCEA and legislators who have expressed similar concerns.