Department of Environmental Quality Director Steven E. Chester today remanded a Proposal for Decision (PFD) on the Kennecott Mine contested case to the Administrative Law Judge for further consideration.  The contested case was filed to challenge the department's decision to issue permits for the mining project located near Marquette.

The PFD recommended the permit contain a condition that requires avoidance of any direct impact to a land feature known as Eagle Rock.  That recommendation is premised on the conclusion that Eagle Rock is a place of worship; however that legal issue was not briefed by the parties involved in the contested case prior to the issuance of the PFD.

Director Chester gave the parties until November 23 to file briefs on the issue of whether Eagle Rock is a place of worship as defined by law, and if so, what the effect of that status is under Michigan's mining law.  The parties will then have until December 7 to file reply briefs, after which the Administrative Law Judge will file a supplemental PFD. 

Director Chester will make a final decision on issuance of the permits once he has received the supplemental PFD.

Editor's note:  DEQ news releases are available on the department's Internet home page at www.michigan.gov/deq .

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