Manufactured Housing Institute v. Pettersen

SIMONETT, Justice.

Appellants contend that a Minnesota Health Department rule setting a maximum indoor air level of formaldehyde in newly constructed housing units is invalid. They claim that the Commissioner of Health exceeded his authority in promulgating the rule, and that the rule is unconstitutional. They further claim the district court erred in restricting its review solely to the record in the administrative rulemak-ing proceeding. We hold that judicial re view is on the record, but we also find that the maximum ambient level set by the rule is an arbitrary and capricious…