Kennecott needs all legal matters resolved before they can begin construction.
Opponents challenging Kennecott Mineral's proposed mine in court downstate are expected to finish their arguments next week. The contested cases that dispute the impact and safety of the proposed nickel and copper mine on the Yellow Dog Plains have been in an administrative hearing in Lansing since the end of April.
Kennecott needs all legal matters resolved before they can begin construction.
"Well, as put into agreement with the state, we need to get what's called final agency action on permits,” said Kennecott spokesperson Deb Muchmore. “That will come with the conclusion of this contested case."
Kennecott also needs a permit from the U.S. Environmental Protection Agency.
However, there won't be any mine on the plains if Michelle Halley and her National Wildlife Federation group have their way. The National Wildlife Federation, Huron Mountain Club, Keweenaw Bay Indian Community, and the Yellow Dog Watershed Preserve are challenging the mining and ground water discharge permits granted by the DEQ.
"We are more convinced than ever that this mine is a very bad idea, and we are challenging that through the contested case proceedings that are going on right now,” said Halley, “as well as two lawsuits; one against the DNR for leasing state land to the company and another lawsuit against the DEQ for issuing the air permit.”
Closing arguments are expected next week, then both sides will submit proposals on what the administrative law judge should do. That judge's recommendation will be sent to the DEQ director, who will make the final determination on the permits.
Although Kennecott needs an EPA permit and all the contested cases and lawsuits to be settled, they're still hoping to start construction this fall.