Forty years ago the federal government, the states of Minnesota, Michigan, and Wisconsin sued Northshore Mining (at that time called Reserve Mining) demanding the company reduce discharges from its taconite pellet operation. In 1974 the US District Court, finding asbestos-like fibers from the plant to pose a cancer risk to nearby residents, ordered injunctive relief to the plaintiffs, thereby closing the plant. Weeks later, however, the Eight Circuit Court of Appeals reversed the order. After nine months of trail, the court decided on a “control city standard” that protects the health of nearby citizens by comparing the amount of asbestos fibers in the air to the control city of St. Paul.

In 2006 Northshore requested through an administrative permit amendment that the control city standard be removed from its permit. The Minnesota Pollution Control Agency (MPCA) denied the request stating that removing the control city standard was a significant change requiring a major permit amendment process. Northshore brought the matter to the Minnesota Court of Appeals. MCEA intervened over public health concerns should the control city standard be removed from Northshore’s permits. In 2008, the court ruled in favor of MPCA and MCEA.

During the same time period Northshore returned to the US District Court to question the continued use of the control city standard. MCEA intervened again. The US District Court denied Northshore’s motion for relief from judgment. Northshore then appealed to the Eight Circuit Court of Appeals and lost.

When Northshore submitted its application to renew its air permit in August, 2008 it requested again that MPCA discard the control city standard. MPCA responded that an environmental assessment worksheet was necessary to study the proposed removal of the standard. Northshore brought the matter to Lake County District Court where, in 2010, the Court ruled in favor of Northshore. MPCA appealed and MCEA requested to participate as amici curiae, or “friend of the court” because of our long history in this matter. However, in April, 2010 the court dismissed the appeal due to a service error committed by MPCA.

MPCA has yet to re-issue the Northshore permit.

Outside Documents

8th Circuit Court Opinion

District Court Order

Minnesota Court of Appeals Decision