In the MATTER OF the NORTHMET PROJECT PERMIT TO MINE APPLICATION DATED DECEMBER 2017, and
In the Matter of the Applications for Dam Safety Permits 2016-1380 and 2016-1383 for the NorthMet Mining Project.
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Sherry A. Enzler , General Counsel, Minnesota Department of Natural Resources, Saint Paul, Minnesota; and Jon W. Katchen , Sarah M. Koniewicz , Holland & Hart LLP, Anchorage, Alaska, for appellant Minnesota Department of Natural Resources.
Paula G. Maccabee , Just Change Law Offices, Saint Paul, Minnesota, for respondent WaterLegacy.
Ann E. Cohen , Elise Larson , Evan Mulholland , Minnesota Center for Environmental Advocacy, Saint Paul, Minnesota, for respondents Minnesota Center for Environmental Advocacy, Duluth for Clean Water, Center for Biological Diversity, Friends of the Cloquet Valley State Forest, Save Lake Superior Association, and Save Our Sky Blue Waters.
Vanessa L. Ray-Hodge , Sonosky, Chambers, Sachse, Mielke & Brownell, LLP, Albuquerque, New Mexico; and Sean Copeland , Tribal Attorney, Cloquet, Minnesota, for respondent Fond du Lac Band of Lake Superior Chippewa.
Dara D. Mann , Squire Patton Boggs LLP, Atlanta, Georgia, for amicus curiae Iron Mining Association of Minnesota.
Byron E. Starns , Stinson LLP, Minneapolis, Minnesota, for amicus curiae MiningMinnesota.
Lloyd W. Grooms , Minnesota Chamber of Commerce, Saint Paul, Minnesota; and Jeremy P. Greenhouse , The Environmental Law Group, Ltd., Mendota Heights, Minnesota, for amicus curiae Minnesota Chamber of Commerce.
Eric E. Caugh , Zelle LLP, Minneapolis, Minnesota, for amici curiae Arne Carlson, John P. Gappa, Ron Sternal, and Alan Thometz.
Gregory R. Merz , Lathrop GPM LLC, Minneapolis, Minnesota, for amici curiae Allan W. Klein, Richard Luis, and Eldon G. Kaul.
OPINION
HUDSON, Justice.
On November 1, 2018, the Minnesota Department of Natural Resources (DNR) issued a permit to mine and two dam-safety permits to Poly Met Mining, Inc. (PolyMet) to build and operate Minnesota's first copper-nickel mine. The DNR's Findings of Fact, Conclusions, and Order of Commissioner1
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