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MATTER OF LAC MINERALS (USA), LLC'S

28020.

900 N.W.2d 283 (2017)

2017 S.D. 44

In the MATTER OF LAC MINERALS (USA), LLC's Petition for Release of Reclamation Liability, Updated Reclamation Financial Assurance, Postclosure Plan and Financial Assurance, and Request to Retain Water Management Facilities and Access Roads Mine Permit Nos. 445 and 460.

Supreme Court of South Dakota.

OPINION FILED July 26, 2017.

Attorney(s) appearing for the Case

HARLAN A. SCHMIDT , Spearfish, South Dakota, Attorney for appellants Harlan A. Schmidt and Robert G. Fowler.

MAX MAIN , KELLEN B. WILLERT of Bennett Main, Gubbrud & Willert, PC, Belle Fourche, South Dakota, Attorneys for appellee LAC Minerals (USA), LLC.

MARTY J. JACKLEY , Attorney General, STEVEN R. BLAIR , Assistant Attorney General, Pierre, South Dakota, Attorneys for appellee South Dakota Department of Environment and Natural Resources.

[¶ 1.] Robert Fowler and Harlan Schmidt, intervenors in LAC Mineral USA, LLC's (LAC) petition regarding mine permit Nos. 445 and 460, appeal from the circuit court's affirmance of the Board of Minerals and Environment's determination that it had subject matter jurisdiction over the petition. They also appeal both the circuit...

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