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MATTER OF POLYMET MINING, INC.

A19-0115 A19-0134.

965 N.W.2d 1 (2021)

In the MATTER OF Issuance of Air Emissions Permit No. 13700345-101 for POLYMET MINING, INC., City of Hoyt Lakes, St. Louis County, Minnesota.

Court of Appeals of Minnesota.

Filed July 19, 2021.

Attorney(s) appearing for the Case

Evan J. Mulholland , Ann E. Cohen , Jay E. Eidsness , Minnesota Center for Environmental Advocacy, St. Paul, Minnesota (for relators Minnesota Center for Environmental Advocacy, Friends of the Boundary Waters Wilderness, Center for Biological Diversity, and Sierra Club).

Sean Copeland , Fond du Lac Band of Lake Superior Chippewa, Cloquet, Minnesota; and Vanessa L. Ray-Hodge (pro hac vice), Sonosky, Chambers, Sachse, Mielke & Brownell, LLP, Albuquerque, New Mexico (for relator Fond du Lac Band of Lake Superior Chippewa).

Monte A. Mills , Davida S. McGhee , Greene Espel PLLP, Minneapolis, Minnesota; and Jay C. Johnson (pro hac vice), Venable LLP, Washington, District of Columbia (for respondent PolyMet Mining, Inc.)

Keith Ellison , Attorney General, St. Paul, Minnesota; and Emily C. Schilling (pro hac vice), Holland & Hart LLP, Salt Lake City, Utah; and Sarah Koniewicz , Holland & Hart LLP, Boulder, Colorado; and Adonis A. Neblett , General Counsel, Minnesota Pollution Control Agency, St. Paul, Minnesota (for respondent Minnesota Pollution Control Agency).

Considered and decided by Jesson, Presiding Judge; Cleary, Judge; and Rodenberg, Judge.

OPINION

Respondent Poly Met Mining Inc. (PolyMet) hopes to build a mine in northern Minnesota, and it requires numerous state and federal permits to do so. These consolidated certiorari appeals are taken from one of those permits—an air-emissions permit—issued by respondent Minnesota Pollution Control Agency...

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