New Correspondence Entered into the Twin Metals v. US Docket, Reiterating the Risk of Serious and Irreparable Harm to the Boundary Waters

The attorney for the Environmental and Natural Resources Division of the DOJ just entered this correspondence into the Twin Metals v. US docket.

It attempts to clarify a point on which the federal government has insisted: since the Forest Service moved to withdraw more than 225,000 acres Superior National Forest lands from mineral exploration and development in September of 2021, the Bureau of Land Management acted lawfully — or with authority — when it denied Twin Metals’ Preference Rights Lease Applications, or PRLAs. Therefore, the government contends, Twin Metals has no claim, so Judge Cooper was right to dismiss Twin Metals’ complaint. (For a little more context, see this post.)

In response to the Bureau of Land Management’s request for clarification, the Forest Service reiterates its position:

The record for the 2016 lease consent determination and 2023 withdrawal application demonstrate that development of these mineral resources presented an unacceptable, inherent risk of serious and irreparable harm to the BWCAW natural resources. It has been thoroughly documented that the proposed mineral leasing is not a compatible use within the watershed in such proximity to the wilderness and that the Forest Service’s withholding of consent to the issuance of leases for MNES-057965 and MNES- 050264 would be consistent with the record. This is entirely consistent with previous consent decisions on mineral lease renewals in the same area of the Rainy River Watershed, as well as last year’s decision to withdraw approximately 225,378 acres of land within the watershed from mineral leasing. Extensive analysis and public input associated with prior consent decisions and the mineral withdrawal process informs and supports this response. [emphasis mine]

There is a to to unpack here, and can’t help but wonder why this correspondence comes at such a late hour. Is the federal government is just making sure to cover all bases, or are there alarm bells ringing? Be that as it may, here are the letters in question.

BLM Letter to US ForestService re Twin Metals PRLAs 241219Download

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