People to Save the Sheyenne River, Inc. v. North Dakota Department of Health

CROTHERS, Justice.

[¶ 1] Opponents to the modification of a permit for the Devils Lake outlet (collectively “Manitoba”) appeal from a district court judgment affirming a decision by the North Dakota Department of Health to modify the permit. Manitoba claims the Health Department failed to conduct a required antidegradation review before modifying the permit and there was not “cause” to support the modification. We conclude the Health Department did not act arbitrarily, capriciously, or unreasonably in deciding an antidegradation review was not required to modify the permit and there was cause…