EPA Can't Dodge Minn. Tribe's Copper Mine Suit, Judge Says

Law360 (February 16, 2021, 6:06 PM EST) -- The U.S. government can't avoid a suit by a Minnesota tribe claiming it violated the law by refusing to make a determination about the potential water quality impacts of a proposed copper mine, a federal judge said Tuesday.

U.S. District Judge Patrick J. Schiltz refused to kill claims by the Fond du Lac Band of Lake Superior Chippewa that the U.S. Environmental Protection Agency violated the law when it refused to make a determination whether a state-issued certification might impact the quality of the tribe's waters.

Judge Schiltz said that the government had falsely argued in its motion to dismiss that...

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