Scrap recyclers sue state over copper theft law

It happened again recently in Roseville. Thieves made off with copper wiring worth tens of thousands of dollars from 27 light poles in a popular park. The Roseville Police Department notified residents of the investigation on Facebook.

The thieves stripped fixtures that illuminate the trail around Lake Bennett, which is located between Lexington Ave. and Victoria St. Lighting will not be useable until repairs are completed.

Roseville Police are investigating the incident while city parks staff have been assessing the damage. Thieves made off with more than 18,000 feet of copper wire. The timeline for repairs is uncertain, but initial estimates indicate that repairs could take weeks or more to complete and could cost more than $70,000.

It’s the latest in a series of copper theft incidents targeting public facilities that cost taxpayers $1.2 million last year in St. Paul alone. The outbreak of thefts led state legislators to pass a new law aimed at cracking down on copper thieves by requiring those who deal in scrap copper to obtain a license. As the Pioneer Press notes, the legislation received strong support from elected officials across the Twin Cities.

St. Paul Mayor Melvin Carter testified before lawmakers that the copper wire thefts in his city had cost the city a “significant amount” of money to repair the damaged city lights after copper thieves struck. In addition, city officials testified that the inoperable lamps caused a public safety issue because they left the streets “dangerously dark.” They cited the death of a pedestrian who was crossing in a dark intersection after a city streetlight had been disabled from copper thievery.

Minneapolis officials testified that 9½ miles of copper wiring had been stolen in their city and cost the city more than $450,000 for repairs.

Yet all along, a coalition representing metal recyclers has warned that the new law, set to take effect next month, would lead to serious unintended consequences for their businesses and customers. For starters, many additional metals contain copper and presumably fall under the purview of the law and sanctions.

The lawsuit points out that copper wire and metal can be found in all scrap metal, including sterling silver, car brakes and radiators, electronics, circuit boards, coins, gardening tools, home decor, windows, gutters and costume jewelry. Because of this, the lawsuit says, legitimate businesses will be breaking the law if they continue their practices after the law goes into effect at the start of 2025.

As a result, metal recyclers have sued the state in an effort to not only prevent the measure from taking effect but also for the court to find it unconstitutional. The Minnesota Commerce commissioner declined to comment for the Star Tribune.

The Recycled Materials Association’s Upper Midwest Chapter 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.

Essentially the industry wants the state to go back to the drawing board in the effort to develop a more effective strategy for deterring copper thieves. If successful, perhaps this time lawmakers will even listen to and include metal recyclers in developing a solution.