Federal Court rejects Menominee Tribe's challenge to Back Forty Wetlands Permit

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TORONTO, Canada (WLUC) - Aquila Resources Inc. announced that the U.S. District Court for the Eastern District of Wisconsin dismissed the federal lawsuit brought by the Menominee Indian Tribe of Wisconsin Wednesday.

The tribe challenged the Environmental Protection Agency and the U.S. Army Corps of Engineers' failure to exercise jurisdiction over Aquila's wetlands permit for its Back Forty Project in Menominee County.

The Michigan Department of Environment Quality previously issued Aquila the Wetlands Permit on June 4, 2018, but the Tribe claimed that the federal government is responsible for issuing the Wetlands Permit under Section 404 of the Clean Water Act.

The Court held that the Tribe could not challenge the federal government's refusal to exercise jurisdiction over the Wetlands Permit under the Administrative Procedures Act or the Clean Water Act.

Aquila says that they will continue their efforts with the State of Michigan and local communities to demonstrate their commitment to environmental responsibility and sustainable resource development that benefits all stakeholders.

Aquila states that the Back Forty Mine will be a safe, disciplined operation that promotes and supports local community socio-economic development and is protective of the environment.



 
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