Panel Appears Sympathetic to Tribal Bid to Block Sulfide Mine

Seventh Circuit judges pressed the Environmental Protection Agency on Thursday to explain how the Menominee Tribe could navigate the complex intersection of federal and state law to challenge a mine’s application for a permit allowing runoff into a river that forms the border between Wisconsin and Michigan’s Upper Peninsula.

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Wetland Protections

The Seventh Circuit ruled that the U.S. Department of Agriculture arbitrarily determined that a farm was no longer eligible for certain benefits, because a farmer cut down nine trees. The agency determined that the tree removal converted several acres of wetlands into croplands, but it did not present any evidence that the tree removal “altered the wetland hydrology.”

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