The Minnesota Court of Appeals has ordered the Department of Natural Resources to reconsider its environmental review of the Milepost 7 tailings basin. Vincent Moniz reports on the implications for Lake Superior, Indigenous Nations, and environmental safety as the case moves to the state Supreme Court.
Transcript
ANCHOR: You're listening to North Star Stories: Voices from Where We Live, a daily newscast about what it means to live in Minnesota.
Reporter: In a significant legal development on February 3, 2025 the Minnesota Court of Appeals directed the Department of Natural Resources to reconsider the decision regarding the environmental review of the mile post seven tailings basin. This basin, situated three miles northwest of Silver Bay and approximately 50 miles from Duluth, has been accumulating mine waste for over four decades. Owned by North Shore mining, a subsidiary of Cleveland Cliffs, the facility also receives waste from companies like PolyMet. The court's ruling described the DNR's previous choice to forego an environmental impact statement as arbitrary and capricious, highlighting the flaws of relying on environmental assessments conducted in the 1970s to address current risks. Paula Maccabee, Executive Director and counsel for water legacy, elaborates on the new development.
Paula Maccabee: Both the Department of Natural Resources in Minnesota and Cleveland Cliffs have decided to petition the Minnesota Supreme Court for review. In other words, they are not accepting this decision, and they are not going back to do an environmental impact statement. They want to continue to fight not to even have to analyze the dam safety of mile post seven.
Reporter: The mile post tailings basin currently spans approximately 2150 acres an areacomparable to about 1600 football fields. Plans are in place to expand its capacity to 2800 acres, a substantial area dedicated to mine waste storage. This expansion involves relocating a section of railroad, extending the dam and implementing measures to mitigate impacts on nearby streams.
Paula Maccabee: So at this point, water legacy is going to be responding to their petitions for review, and there are two, from my perspective. They're two really important issues. One is the DNR finally going to do an environmental impact statement that looks at alternatives that would be safer for the people and safer for Lake Superior and two, while this environmental review is going on, there isn't supposed to be continued construction. And so far, the Department of Natural Resources have said we're not stopping any construction.
Reporter: The appeal court's ruling is seen as significant for groups like Water Legacy, which advocates for a thorough environmental review to protect the region's ecosystem. However, the DNR and Cleveland Cliffs have already petitioned the state's high court to look at the initial recommendation,
Paula Maccabee: And so we're looking at Water Legacy is looking at these two legal issues is, how do we make sure that environmental review is done and protects safety, and how do we make sure that they don't just keep building without having studied or made any changes at all?
Reporter: In the past, tribes have expressed concerns about the stability of the tailing spacing, as well as how this could affect their treaty rights. The fear is that a potential dam failure could lead to massive ecological harm, contaminating waters key to the environment and their cultural heritage. Overall, the concerns are heightened by the basin's proximity to Lake Superior, the largest of the Great Lakes, which provides drinking water to millions. The executive director touched on the stakes for these nations.
Paula Maccabee: I think it's really important to point out that the Grand Portage Band of Lake Superior Chippewa, their reservation abuts Lake Superior, and the Fond du Lac Band of Lake Superior Chippewa, part of their reservation waters they have Spirit Island is right in the estuary of Lake Superior. So it's not just a matter of treaty reserved rights, but actual reservations that could be affected
Reporter: The appeal court's ruling now faces an uncertain future as the case moves to the Minnesota Supreme Court, the outcome remains pivotal. This could either stand as a significant step toward legal accountability and heighten scrutiny on these issues, or it could be reversed, leaving critical environmental and safety concerns unresolved. The Judgment will undoubtedly shape the ongoing conversation about how these matters are addressed at both state and national levels. North Shore Mining did not respond to requests for comment. For North Star stories, I am Vincent Moniz.
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