Document Type

Article

Abstract

February of 2021 marked the beginning of Minnesota clearly establishing that groundwater qualifies as a Class 1 water in a legal battle involving United States Steel, the Minnesota Pollution Control Agency, WaterLegacy, Fond du Lac Band of Lake Superior Chippewa, the Minnesota Court of Appeals, and eventually the Minnesota Supreme Court (MNSC). Minnesota has a water classification system, as required by the federal Clean Water Act, with 7 classes of use. Class 1 waters are waters used for domestic consumption (MPCA 4, n.d.). According to Minnesota Statute § 7050.0220, the acceptable level for sulfate is 250 mg/L in Class 1 waters, the acceptable level for sulfate in wild rice waters is 10 mg/L, and for comparison the acceptable level for mercury, another common mining byproduct pollutant, is 0.2 ng/L in Class 1 waters (Minn. Stat. § 7050.0220, Subp. 3a). The MNSC decision on groundwater being a Class 1 water is significant as it can serve as a precedent for future cases (Minnesota Judicial Branch, n.d.).

Northern Minnesota is home to several iron mines as well as advanced projects for copper, nickel, and platinum that have yet to begin full production (Minnesota Department of Natural Resources, 2016). A major component of mines getting the green light to operate is permitting. Without proper permitting from the state, production can be delayed indefinitely as seen with NewRange Copper Nickel, formerly NorthMet and PolyMet, over the past two decades (State of Minnesota, 2018). Stricter standards for groundwater help to better protect the environment but also cause snags in industry production and jobs for Minnesotans. This leads to questions surrounding the future of pollution permits in Minnesota and their impact on local economies within the state. The purpose of this research is to delve into the MPCA permitting process and history for Minntac mine to attempt to answer the following: Is the current pollutant permit system, managed by the MPCA, effective? Will efficacy or enforceability of future permits be impacted by new stricter groundwater standards?

Publication Date

2025

Comments

Faculty Sponsor: Dr. Paul Kivi

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