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Minnesota Supreme Court reinstates environmental groups’ challenge of NorthMet air permit

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Minnesota Supreme Court reinstates environmental groups’ challenge of NorthMet air permit


ST. PAUL — An appeals court will again consider a challenge to an air permit for the proposed NorthMet copper-nickel mine.

In an opinion Wednesday,

the Minnesota Supreme Court said the Court of Appeals improperly denied an appeal by a coalition of environmental groups because they served their petition to company officials, not company attorneys, within a 30-day window.

The Court of Appeals must now consider the appeal of an air permit for NewRange Copper Nickel, the joint venture between PolyMet and Teck formed earlier this year to see the advance Northmet copper-nickel mine and processing facility near Hoyt Lakes and Babbitt.

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The air permit, first approved by the Minnesota Pollution Control Agency in 2018, has been appealed before. In July 2021, the Court of Appeals sent the permit back to the MPCA for “further consideration and additional findings.” On

Dec. 20, 2021, the MPCA stood by its decision to grant the permit,

opening the door for another appeal.

The coalition of environmental groups sought to appeal the permit again, but the Court of Appeals rejected their attempt, siding with PolyMet, which had argued its attorneys were served the petition on Jan. 20, 2022, 31 days after the MPCA’s decision — one day outside the 30-day window for appeal allowable by law.

But on Wednesday, the Supreme Court reversed the lower court’s decision.

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The opinion, written by Associate Justice Gordon Moore, said PolyMet’s chief executive officer and registered agent were served the petition via certified mail on Jan. 19, 2022 — a day earlier than the company’s attorneys — and that sufficed.

“This service — along with the other steps appellants took — was effective to invoke appellate jurisdiction and was timely under section 14.63’s 30-day service deadline,” Moore wrote. “We therefore conclude that the court of appeals erred by dismissing the appeal.”

Environmental groups applauded the Supreme Court’s decision.

“PolyMet has, yet again, failed to limit Minnesota’s review of its flawed proposal — this time on narrow procedural grounds,” JT Haines, Northeast Minnesota program director at the Minnesota Center for Environmental Advocacy, or MCEA, said in a news release. “We applaud this decision from the Supreme Court and look forward to a full review at the Court of Appeals.”

MCEA, Friends of the Boundary Waters Wilderness and Sierra Club petitioned the court to review the MPCA’s air permit decision.

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Bruce Richardson, a spokesperson for NewRange, said Wednesday’s decision “does not affect the validity of NewRange’s air permit or say anything about the environment. The air permit remains valid and protects Minnesota’s air quality.”

“The court’s decision is based solely on required appeal procedures in litigation. The case now returns to the court of appeals where NewRange and the Minnesota Pollution Control Agency will defend the agency’s thorough review of the project’s air emissions and the decision-making process in issuing the permit,” Richardson said.

The MPCA did not respond to the News Tribune’s request for comment.

Environmental groups have long argued against the air permit, citing a

technical report released by PolyMet

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in March 2018 — 10 days after the air permit’s public comment period ended — which outlined the company’s plans to recover 118,000 tons of ore per day instead of 32,000 tons per day — the amount listed by the company in permit applications. Increasing the size of the operation would undoubtedly mean air emissions would exceed the 250 tons of regulated pollutants per year allowed in the permit, opponents said, accusing the company and agency of engaging in “sham permitting.”

While the Minnesota Supreme Court ruled in February 2021 that the MPCA did not need to investigate the claims of sham permitting, it did send the permit back to the lower court to review whether PolyMet’s report for a potential larger mine “undermined” the MPCA’s conclusion and whether the company had withheld key information from regulators.

The MPCA in December 2021 said PolyMet hadn’t, stood by its permit and reiterated that if PolyMet wanted a bigger mine, it would have to go through the permitting process to do so.

The NorthMet project still faces a number of lawsuits. And earlier this month,

the U.S. Army Corps of Engineers revoked

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a key federal discharge permit after determining it “does not ensure compliance with water quality requirements of the Fond du Lac Band of Lake Superior Chippewa.” The company can still reapply for the permit.

Jimmy Lovrien covers energy, mining and the 8th Congressional District for the Duluth News Tribune. He can be reached at jlovrien@duluthnews.com or 218-723-5332.





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Minnesota

Minnesota House candidates vie for 8A seat

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Minnesota House candidates vie for 8A seat


DULUTH — The race to fill

former Rep. Liz Olson’s District 8A seat

in the Minnesota House heated up on Tuesday as the candidates answered questions in a debate hosted by the News Tribune and Duluth Area Chamber of Commerce at The Garden in Canal Park.

Both candidates leaned into their backgrounds in public service as evidence of their fitness for the office.

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Pete Johnson

has been a firefighter for 23 years, 19 of those in Duluth. He’s been the union officer for the Local 101 firefighters union for the past 16 years. He said his experiences “responding to folks when they’re at their most vulnerable times” is a big driver for his political perspective.

Mark McGrew

is a lifelong Duluthian, born and raised in the Piedmont Heights neighborhood. He retired last spring after 28 years in law enforcement, 24 with the Minnesota State Patrol. He’s also a Navy Reserve veteran. He said he brings experience with “meeting people at difficult times,” and he’s running to “hold the government fiscally responsible” as his top priority.

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Pete Johnson.

Steve Kuchera / 2020 file / Duluth Media Group

Mark McGrew photo.jpg

“The Legislature last session spent $17.5 billion in a matter of five months,” McGrew said. “I think we need to be able to curb spending and bring it down, which will hopefully help with inflation.”

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Johnson’s top priorities are to “focus on the core issues tied to housing, education, health care and paying jobs.”

“A lot of the things we get called to are rooted somewhere else. … They’re not something I can solve in a couple of minutes,” Johnson said. “I really feel focusing on those four key pieces will lift everybody out, including those who are in the middle class and folks on the margins.”

Both agreed that they could work to foster bipartisanship based on their experiences. Both served as negotiators for contracts with their public safety organizations and said the skills earned there would help them compromise as representatives. Both candidates were disappointed with the lack of a bonding bill from the last legislative session and said they’d support one in the next session.

Regarding education investment, McGrew stated he supported funding education, though not at the risk of seeing the state going into deficit, but that “we need to bring local control back to the school districts.”

“Let the local school boards handle that money and use it however they feel,” McGrew said.

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Johnson agreed with funding education, which he said has been “chronically underfunded for decades.”

“Even with the investments made in the last few years, they’re still underfunded,” Johnson said.

Both candidates agreed on the existence of a housing crisis but cited different causes. Johnson served on the Center City Housing Corp. for nine years.

“It’s more than just units,” he said. “It’s the support that’s tied to those units, such as mental health, physical health support, child care, a controlled door for 24 hours. That has a huge impact on those folks remaining stably housed.”

McGrew said the issue is more closely related to the high cost of homes, high property taxes and over-regulation.

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“I think we need to deregulate some of the housing things and move forward from there to let people buy cheaper houses,” McGrew said.

When it comes to population growth or lack thereof, McGrew said the state’s high corporate tax rates and mandates were pushing businesses away.

“If you’re trying to attract business, and you have the highest corporate tax rate, and you have all these mandates on different companies and businesses that want to come here,” McGrew said. “Why would they come to Duluth when they could go to Superior, Wisconsin, across the bridge, and maybe have lower tax rates and lower fees and all these other things?”

Johnson said having a highly trained workforce, access to child care and accessible housing would attract population growth.

“If workers here are highly skilled and motivated, they’ll draw those businesses here, regardless of the tax rates. If we can produce those best workers and keep them here, it’s going to be a huge piece of that,” Johnson said.

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When it comes to allowing

copper-nickel mining,

Johnson said the issue was about building trust.

“The folks on the labor side don’t necessarily trust the corporations to take care of their workers and that their conditions will be safe unless they have contracts in place,” Johnson said. “The folks on the clean-water side are the same way in that they want things in place to make sure that it’s done safely and, if not, that there’s money set aside to make that cleanup possible.”

McGrew said he was “absolutely in favor” of copper-nickel mining but also wants it to be “environmentally safe.”

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“I was out talking to door knocking, and I ran into somebody who brought up this, and I said, ‘Do you want to do that in Minnesota, where we have regulations, we have OSHA, and probably the highest working standards around?’” McGrew said. “Would you rather have that done in Africa or child workers being used and no regulation? The person said they’d rather see it done here where we can monitor it.”

McGrew said he did not support abortion and that he wished there was a Roe v. Wade standard in Minnesota.

“I think that where we’re at right now is that you have basically abortion … up until the point of birth. And I think that that is on the same level as North Korea and China. And I think we need to draw that back,” McGrew said.

Johnson took issue with McGrew’s statement on late-term abortions.

“The reality is that those late-term abortions make up a very tiny percent of abortions, and often when there is new information found,” Johnson said. “Such as fetal viability, the health of the mother or other issues which delayed getting treatment. I fully support everyone’s right to choose.”

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Teri Cadeau

Teri Cadeau is a features reporter for the Duluth News Tribune. Originally from the Iron Range, Cadeau has worked for several community newspapers in the Duluth area, including the Duluth Budgeteer News, Western Weekly, Weekly Observer, Lake County News-Chronicle, and occasionally, the Cloquet Pine Journal. When not working, she’s an avid reader, crafter, dancer, trivia fanatic and cribbage player.





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Napheesa Collier’s stellar play has led the Minnesota Lynx to the top of the WNBA

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Napheesa Collier’s stellar play has led the Minnesota Lynx to the top of the WNBA


Napheesa Collier and the Minnesota Lynx have been nearly unbeatable since the Olympic break.

The Lynx star, who helped the United States win its eighth consecutive Olympic gold medal, has been averaging 20.7 points, 9.2 rebounds and 3.1 assists and the team has won 12 of 13 since the Paris Games to surge into second place in the standings.

She’s also been an anchor on the defensive end as the Lynx have only given up an average of 78 points in those games. In the last four contests, including a huge win over the New York Liberty on Sunday, Minnesota hasn’t allowed a team to reach 80 points.

“Each year she knows that if she plays like an MVP that our team has a chance to be highly successful,” Minnesota coach Cheryl Reeve said. “That’s what we’ve seen this year. Both sides, her impact defensively each night there are different ways you can use her. She’s defensive player of the year and MVP, that’s why were are sitting where we are.”

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In any other year where A’ja Wilson wasn’t putting up historic numbers, Collier would be a front runner for the league’s top award. Unfortunately for the Lynx star, Wilson has been truly amazing, becoming the first player in WNBA history to score more than 1,000 points in a season and averaging 27.0 points — the highest in league history.

That doesn’t take away from what Collier and the Lynx have done. Coming into the season, Minnesota wasn’t talked about much as one of the elite teams in the league like Las Vegas, New York or Seattle. The Lynx have broken through, winning the Commissioner’s Cup earlier in the year and now finishing as one of the top three teams in the regular season.

Minnesota Lynx v Las Vegas Aces
Napheesa Collier #24 of the Minnesota Lynx drives past Chelsea Gray #12 of the Las Vegas Aces during the first quarter at Michelob ULTRA Arena on August 21, 2024 in Las Vegas, Nevada.

/ Getty Images


“We have a strong, strong feel for who we are and if I could describe our team, I would say everyone is comfortable in their own skin and we all accept each other for who we are and that just gives us all confidence,” Reeve said.

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Minnesota took over the top spot in the AP WNBA poll from New York, marking the first time this season the Lynx have been No. 1 and ending the Liberty’s 10-week run. They fell to No. 2. Las Vegas moved up to third with Connecticut and Indiana next. Seattle, Phoenix and Chicago followed the Fever. Washington and Atlanta were eighth and ninth while Dallas and Los Angeles rounded out the poll.

Caitlin Clark continued her assault on the WNBA record books. She broke the rookie single-season scoring record, taking down Seimone Augustus’ mark of 744 points set in 2006. The Indiana Fever rookie had a season-best 35 points in the win over Dallas to do it. Two days earlier, Clark broke the WNBA mark for assists in a single season, passing Alyssa Thomas’ record set last year when she had 316. Clark now has 329 with one game to play in Washington on Thursday.

Sparks rookie Rickea Jackson had another solid week, averaging 20 points, 3.3 rebounds and 2.7 assists as Los Angeles lost all three of its games. On the season, the former Tennessee star is averaging 13.4 points, 3.8 rebounds and 1.5 assists.

Wilson had another impressive set of games to earn AP Player of the Week honors as the Aces star averaged 23.7 points, 12.7 rebounds and 2.3 blocks to help Las Vegas go 3-0 and stay in the hunt for the No. 3 seed. Indiana’s Kelsey Mitchell also received votes.

The WNBA playoffs begin Sunday with all four opening round series playing their Game 1s.

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Northern lights spotted over Minnesota: Sept. 16, 2024

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Northern lights spotted over Minnesota: Sept. 16, 2024


D. Dexbana (Otsego)


Minnesotans got a great view of the northern lights Monday night.

You too can submit your photos and videos.

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St. Francis

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Pat Glessing


A dazzling show over St. Francis.

Zimmerman

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Doug Maschler

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Zimmerman got a glimpse of the lights.

Star Prairie, Wisconsin

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Chuck Holicky


A look at the lights across the border in Wisconsin.

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Park Rapids

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Laura Mercil


A vibrant look at the aurora from up north.

Lonsdale

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Johnny Carson


Even southern Minnesota could spot the lights.

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Woodbury

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Isabel Sin


A shot of the lights from the Twin Cities.



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