In re LAC Minerals (USA), LLC's Petition for Release of Reclamation Liability

[¶1.] Robert Fowler and Harlan Schmidt, intervenors in LAC Mineral USA, LLC’s (LAC) petition regarding mine permit Nos. 445 and 460, appeal from the circuit court’s affirmance of the Board of Minerals and Environment’s determination that it had subject matter jurisdiction over the petition. They also appeal both the circuit court’s determination that they waived due process issues and the court’s denial of a motion to supplement the administrative record. We affirm in part and reverse in part.

Background

[¶2.] This case concerns the Richmond Hill Mine near Lead, South Dakota. The mine was…