Storms start to move out of Minnesota, continue for western Wisconsin

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The Minnesota Department of Natural Resources has delayed a decision until late next year on a key permit for the proposed NewRange Copper Nickel project in northeastern Minnesota, the mine formerly known as PolyMet. 

The decision relates to the “Permit to Mine,” one of several major permits issued in late 2018 and early 2019 by state and federal officials that NewRange needs to build its proposed $1 billion open pit mine near Babbitt and Hoyt Lakes. 

Since then, the permit to mine, along with two other key permits, have been blocked by legal and regulatory setbacks. About a year ago a state administrative law judge recommended the Minnesota DNR not reissue the permit to mine because of concerns over the mine’s plan to store waste tailings in a giant basin. 

The judge said that NewRange’s plan to use a kind of clay known as bentonite to safely store the reactive mine waste was not “practical and workable,” in part because it wouldn’t prevent water from moving over or through the tailings as required by state statute. 

Now, the DNR official charged with deciding on that permit has suspended proceedings until August 2025, following an announcement from NewRange about three months ago that it is studying several possible upgrades to the mine’s design, including possible changes to how it stores waste tailings. 

“The stay will prevent significant expenditure of time and resources for a matter that may become moot if PolyMet amends or withdraws its permit application,” said Grant Wilson, the central region director of the DNR in a letter sent Monday.

NewRange said it was considering several changes

 to its proposed operations that would improve efficiency and bolster environmental protection. 

One is a different design for the dam that contains the mine waste tailings. The company said it’s also exploring storing waste in old iron mine pits in the area. 

After the company issued a press release announcing the possible changes, DNR officials pressed Wilson to place a stay on the proceedings, noting any changes NewRange made to its plans would trigger an amendment to their permit to mine application and likely another environmental review process. 

In a statement, NewRange called the agency’s decision “unfortunate,” and said “The DNR has an obligation to determine and communicate what its rules mean. While the NewRange studies will continue, today’s decision has unnecessarily extended the current uncertainty over the regulation of these facilities.”

Environmental groups fighting the proposed mine praised the DNR’s decision. 

“This is an important decision from the Minnesota DNR,” said JT Haines, northeastern Minnesota program director for the Minnesota Center for Environmental Advocacy. “Rather than continuing to waste scarce resources and everybody’s time, this decision recognizes that PolyMet owes Minnesotans transparency and honesty.”

Two other major permits needed by NewRange to build its mine also face uncertain futures. 

 because of potential  impacts to the Fond du Lac Band of Lake Superior Chippewa downstream from the proposed mine. 

 back to the Minnesota Pollution Control Agency for additional work. 

Dan Kraker

Author

The Minnesota Department of Natural Resources has delayed a decision until late next year on a key permit for the proposed NewRange Copper Nickel project in northeastern Minnesota, the mine formerly known as PolyMet. The company called the agency’s decision “unfortunate.” 

Minnesota DNR delays decision on key proposed copper-nickel mine permit

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