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AIR EMISSIONS PERMIT NO. 13700345-101

A19-0115 A19-0134.

943 N.W.2d 399 (2020)

In the MATTER OF Issuance of AIR EMISSIONS PERMIT NO. 13700345-101 FOR POLYMET MINING, INC., City of Hoyt Lakes, St. Louis County, Minnesota.

Court of Appeals of Minnesota.

Filed March 23, 2020.

Attorney(s) appearing for the Case

Evan J. Mulholland , Ann E. Cohen , Minnesota Center for Environmental Advocacy, St. Paul, Minnesota (for relators Minnesota Center for Environmental Advocacy, Friends of the Boundary Waters Wilderness, Center for Biological Diversity, and Sierra Club).

Sean Copeland , Fond du Lac Band of Lake Superior Chippewa, Cloquet, Minnesota; and Vanessa L. Ray-Hodge (pro hac vice), Sonosky, Chambers, Sachse, Mielke & Brownell, LLP, Albuquerque, New Mexico (for relator Fond du Lac Band of Lake Superior Chippewa).

Monte A. Mills , Caitlinrose H. Fisher , Green Espel PLLP, Minneapolis, Minnesota; and Jay C. Johnson (pro hac vice), Venable LLP, Washington, District of Columbia (for respondent PolyMet Mining, Inc.).

Keith Ellison , Attorney General, St. Paul, Minnesota; and Emily C. Schilling (pro hac vice), Holland & Hart LLP, Salt Lake City, Utah; and Sarah Koniewicz , Holland & Hart LLP, Boulder, Colorado; and Adonis A. Neblett , General Counsel, Minnesota Pollution Control Agency, St. Paul, Minnesota (for respondent Minnesota Pollution Control Agency).

Considered and decided by Rodenberg, Presiding Judge; Cleary, Chief Judge; and Jesson, Judge.

OPINION

These two consolidated certiorari appeals are brought by relators Minnesota Center for Environmental Advocacy, et al.1 (MCEA) and Fond du Lac Band of Lake Superior Chippewa (the band) to challenge a decision by respondent Minnesota Pollution...

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