Minnesota High Court: State Agency’s Request To EPA Was Procedurally Irregular

(August 8, 2023, 9:05 AM EDT) -- SAINT PAUL, Minn. — Through irregular procedures, the Minnesota Pollution Control Agency (MPCA) acted arbitrarily and capriciously when it asked the U.S. Environmental Protection Agency to delay providing written comments regarding a combined National Pollutant Discharge Elimination System/State Disposal System (NPDES/SDS) permit before ultimately approving the permit for a proposed mine and process plant, the Minnesota Supreme Court held in remanding the permit to the MPCA....