Northwoods Environmental Institute v. Minnesota Pollution Control Agency

MEMORANDUM OPINION

POPOVICH, Chief Judge.

FACTS

In Reserve Mining Company v. Minnesota Pollution Control Agency, 364 N.W.2d 411 (Minn.Ct.App.1985), this court was asked to determine whether a 1 million fiber per liter limit on the discharge of amphibole fibers was arbitrary and capricious. We held the Minnesota Pollution Control Agency’s (MPCA) limit was arbitrary and capricious because the limit was not supported by written findings and reasons. We vacated the 1 million fiber limit, affirmed all other aspects of the permits being noncontroverted and remanded with instruction to hold a contested…