Wis. Tribe Asks 7th Circ. To Revive Suit Over Mine Project

Law360 (September 5, 2019, 5:53 PM EDT) -- A Seventh Circuit judge Thursday appeared skeptical of the federal government's argument that letters it sent to a Wisconsin tribe affirming the state of Michigan's authority to issue a permit for a proposed mine don't constitute a final agency action a federal court can review.

During oral argument, the U.S. Environmental Protection Agency and Army Corps of Engineers took the position that letters sent to the Menominee Indian Tribe of Wisconsin were not formal agency actions, nor was an initial letter sent by the tribe questioning Michigan's authority to permit the mine. If the tribe wanted to get a formal agency...

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