In Re Northern States Power Company (Nsp) Wilmarth Industrial Solid Waste Incinerator Ash Storage Facility

WAHL, Justice.

We granted the petitions of the Minnesota Pollution Control Agency and Northern States Power Company to review an unpublished decision of the court of appeals reversing a decision of the MPCA that denied the request of the Minnesota Citizens Concerned with Protecting Environmental Quality (hereafter MCCPEQ) for a contested case hearing and issued a permit for the construction and operation of a refuse-derived fuel ash storage facility. We reverse.

In our view, while there are obvious factual distinctions, the question of entitlement to a contested case hearing is governed by our…