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Mining Exploration Lawsuit Delayed After Appointment Of New Judge

Residents Of Penokee Hills Are Suing DNR After Agency Didn't Regulate Runoff During Rock Sampling

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Above, people protesting the proposed Penokee Hills mine. Photo: Light Brigading (CC-BY-NC).

A lawsuit by residents of the Penokee Hills against the Department of Natural Resources over mining exploration has been delayed, after a new judge from outside the proposed mining area was appointed to hear the case.

Eight residents of the Penokee Hills sued the DNR two months ago, alleging that the state should have required an industrial stormwater run-off permit when Gogebic Taconite sampled 2,400 tons of rock in Iron County.

The case was to go to court Monday, but now a new judge — Taylor County Circuit Court Judge Ann Knox Bauer — has been appointed to hear the case.

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DNR mining specialist Ann Coakley says they’ve been monitoring the snowmelt run-off closely, logging reports and taking photographs. She says they found no problems at the three rock sampling pits.

“The snow melted slowly enough, and all of the bulk sampling sites are internally drained to prevent any runoff and that worked,” Coakley said. “The site looks remarkably well and there hasn’t been any significant runoff, and the water that’s running up there is running clear.”

Meanwhile, the attorney for the people filing the lawsuit, Dennis Grzezinski, says even if the snowmelt is finished by the time the case is heard, this suit is still relevant. Grzezinski says they want to compel the DNR to require industrial stormwater permits for future mining exploration.