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Federal Court Dismisses Wetlands Permit Lawsuit

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12/20/2018- A lawsuit brought against a pair of federal agencies over the issuance of Aquila Resources Wetlands Permit has been dismissed. The plaintiffs in the case, the Menominee Indian Tribe of Wisconsin, filed the suit in January against The Environmental Protection Agency and the US Army Corps of Engineers in the US District Court for the Eastern District of Wisconsin. The Tribe claims the agencies failed to comply with the Clean Water Act by not exercising jurisdiction over the wetlands permit application for the Back Forty Mine planned for Menominee County. However, Wednesday, the court ruled the Tribe cold not challenge the federal government’s refusal to exercise jurisdiction over the permit under the Administrative Procedures Act or the Clean Water Act.

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