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Appeals Court: Fibers in Silver Bay air still must be no more than St. Paul's air
Created by Administrator Account in 8/21/2009 10:40:20 AM

The "control city standard" remains the law, but only through state permits, not federal court injunction, according to a  federal court of appeals

Northshore Mining Company plant in Silver Bay, MN.

 North Shore Mining by Tiffibunny. 

The 8th Circuit U.S. Court of Appeals ruled Monday that Minnesota may continue to require air testing for asbestos-like fiber byproducts emitted by the Northshore Mining Company in Silver Bay.

The decision was a bit of a split decision for the state, Minnesota Center for Environmental Advocacy and its allies. While the ruling allowed the state of Minnesota to continue to use the so-called control city standard in its air permits for the Northshore plant, the decision also eliminated the federal jurisdiction over the standard.

Chuck Laszewski, spokesman for MCEA, explained in a Duluth News Tribune story by John Myers that "the on-the-ground effect of this [decision] for the people up there is that the control city testing requirement will continue, only under the state mandate and not a federal court order.”

Northshore, which emits these fibers as a part of the taconite pellet-making process, argued in the case for the removal of testing from the state permitting process, alleging that the state lacked sufficient data on the effects of the fibers on human health.

Because of this lack of data, the state had adopted a standard put forth in a 1975 court ruling that ordered Northshore Mining Company to maintain levels of fibers comparable to the levels found in St. Paul air. A 2007 federal district court ruling terminated this "control city standard". It was this 2007 ruling that the appeals court upheld Monday, effectively ending federal jurisdiction on the issue of fiber emissions in Silver Bay.

Although the ruling eliminates federal jurisdiction for the control city standard, little will change in actual policy because the ruling allows the state to keep testing the air around Silver Bay and compare it to St. Paul’s air.

Myers quoted Ann Foss, MPCA enforcement manager, as saying, “We are very pleased with the ruling that the control city standard is a legitimate state regulation by permit.” The Pollution Control Agency and MCEA were on the same side in this case.


 


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