Minnesota Center for Environmental Advocacy v. City of St. Paul Park
Court of Appeals of Minnesota
1DissentLansing, Judge
I respectfully dissent. Three fundamental principles apply in this case. First, an urban areawide review (AUAR) must evaluate cumulative impacts caused by the project. Second, cumulative impacts, unlike direct impacts, are impacts outside the project area. Third, no evaluation of public responses or mitigation proposals can be adequate if a responsible governmental unit (RGU) does not properly evaluate cumulative impacts to determine what is necessary.
Although the alternative AUAR process provides for a more streamlined review of the environmental impacts of a development project than an…
2Cases cited8 opinions
- Kleppe v. Sierra ClubSupreme Court of the United States · 1976
- Reserve Mining Co. v. HerbstSupreme Court of Minnesota · 1977
- Native Ecosystems Council v. DombeckCourt of Appeals for the Ninth Circuit · 2002
- TOMAC v. Norton, Gale A.Court of Appeals for the D.C. Circuit · 2006
- Colorado Wild v. United States Forest ServiceCourt of Appeals for the Tenth Circuit · 2006
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