2024 at 7:00AM
By Kyeland Jackson, The Minnesota Star Tribune
A trade group representing scrap metal workers has sued the Minnesota Department of Commerce, alleging that a new law designed to curb copper theft will violate the state’s constitution and shutter the scrap metal industry.
The Recycled Materials Association on Monday sued Grace Arnold in her capacity as commissioner of the Minnesota Department of Commerce. ReMA officials say in the lawsuit that the copper wire theft law, which will become effective Jan. 1 and require a license for people who sell copper, is an unconstitutional separation of powers that gives Arnold sweeping authority and little guidance. And because the bill applies to small amounts of copper metal, industry leaders worry that all Minnesotans selling scrap metal will need a license.
“This is critical because almost all of the ‘scrap metal’ that is sold to ‘scrap metal dealers’ in Minnesota contain ‘copper metal,’ ” the lawsuit read, adding that jewelry, car parts, home decor and many garden tools contain copper.
“In sum, then, the Copper Metal Law will, if ‘enforced’ without the relief sought herein, effectively shutter the entire ‘scrap metal’ industry in Minnesota.”
Department of Commerce spokesperson Nancy Linden said they cannot comment on open litigation.
Monday’s lawsuit spells the latest chapter in an issue that has drained city budgets, vexed authorities and risked residents’ lives.
In St. Paul, where many of the state’s copper thefts have been, one ring of thieves caused more than $210,000 in damages. City officials spent $1.2 million on such repairs last year, marking a 380% increase from five years ago. Minneapolis officials are experimenting with silent alarms, aluminum wires, and even duct tape to stop thieves from stripping wire copper wire near the lakes and West River Parkway.
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