January 29, 2020 / 12:30 AM / 23 days ago

7th Circuit affirms dismissal of challenge to Michigan mine permit

A federal appeals court has affirmed a lower court ruling that had found the Environmental Protection Agency and the U.S. Army Corps of Engineers adequately delegated to the state of Michigan the authority to grant a permit for a sulfide mine project that an Indian tribe fears could pollute a drinking water source.

A three-judge panel in the 7th Circuit U.S. Court of Appeals on Monday derailed Wisconsin’s Menominee tribe’s bid to halt Aquila Resources’ mining project, known as Back Forty, finding it could not make a claim for judicial review under the Administrative Procedure Act because the agencies had not taken final actions that could be challenged.

To read the full story on Westlaw Practitioner Insights, click here: bit.ly/2tXqn2F

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