PolyMet wins Minnesota top court ruling on $1 bln mine

Polymet Mining

24/02/2021 22:25

By Jonathan Stempel
    Feb 24 (Reuters) - Minnesota's highest court on Wednesday
handed a victory to PolyMet Mining Corp  POM.TO , saying state
regulators need not investigate allegations of "sham permitting"
when considering an air emissions permit for the company's
proposed $1 billion copper-nickel-platinum mine.
    The Minnesota Supreme Court said the federal Clean Air Act
did not require the Minnesota Pollution Control Agency to
examine objections to the proposed NorthMet mine made by four
environmental groups and the Fond du Lac Band of Lake Superior
Chippewa tribe.
    Shares of Toronto-based PolyMet, which are listed in Canada
and New York, closed up more than 16%.
    Wednesday's 6-0 decision reversed a ruling by a state
appeals court, which had said the agency should have taken a
"hard look" at the allegations, including whether PolyMet might
have intended to build a larger project.
    The Supreme Court said the federal Environmental Protection
Agency could act later if the company went too far.
    It returned the case to the appeals court to address other
issues. The proposed mine is located about 230 miles (370 km)
north of Minneapolis, and nearer to the Canadian border.
    "PolyMet has engaged in a bait-and-switch scheme to avoid
air pollution standards, and we are glad that the Supreme Court
ruling allows us to make this case," Kathryn Hoffman, chief
executive of the Minnesota Center for Environmental Advocacy,
one of the environmental groups, said in a statement.
    Lawyers for the tribe did not immediately respond to a
request for comment.
    A spokesman for the Minnesota agency said it "scrutinized
PolyMet's emissions calculations and required the facility to
have new requirements that protect Minnesota's air. The result
was a strong and enforceable air permit."
    Jon Cherry, chief executive of PolyMet, called the decision
"a major step forward in the defense of our air permit."
    The case is In re: Issuance of Air Emissions Permit No.
13700345-101 for PolyMet Mining Inc, Minnesota Supreme Court,
Nos. A19-0115, A19-0134.

 (Reporting by Jonathan Stempel in New York; Editing by David
Gregorio)
 ((jon.stempel@thomsonreuters.com; +1 646 223 6317; Reuters
Messaging: jon.stempel.thomsonreuters.com@reuters.net))