Legal Opinion

In re Cottonwood County’s Decision on the Need for an Environmental Impact Statement for the Proposed Sioux Rock Quarry ...

Court of Appeals of Minnesota

Decided October 13, 2025No. a250806Published

A state agency with permitting or other approval authority over a project may be aggrieved when a responsible governmental unit decides not to require an environmental-impact statement for the project, and, in such a situation, a state agency has standing to appeal the responsible governmental unit’s decision under Minn. Stat. § 116D.04, subd. 10 (2024). Appeal to proceed (A25-0821); appeal dismissed (A25-1125).

1Opinion of the Court

STATE OF MINNESOTA IN COURT OF APPEALS A25-0806 A25-0821 A25-1125 In re Cottonwood County’s Decision on the Need for an Environmental Impact Statement for the Proposed Sioux Rock Quarry Expansion Project in Delton Township. -------------------------- In the Matter of the Application of OMG Midwest, Inc. d/b/a Minnesota Paving and Materials for a Conditional Use Permit. Filed October 13, 2025 Appeal to proceed (A25-0821) Appeal dismissed (A25-1125) Frisch, Chief Judge Cottonwood County Board of Commissioners Resolution No. 25-04-15 Keith Ellison, Attorney General, Oliver J. Larson, Philip S.…

2Cases cited14 opinions

  1. State Ex Rel. Humphrey v. Philip Morris Inc.Supreme Court of Minnesota · 1996
  2. No Power Line, Inc. v. Minnesota Environmental Quality CouncilSupreme Court of Minnesota · 1977
  3. Interstate Power Co. v. Nobles County Board of CommissionersSupreme Court of Minnesota · 2000
  4. Murthy v. MissouriSupreme Court of the United States · 2024
  5. In Re Complaint Against the Sandy Pappas Senate CommitteeSupreme Court of Minnesota · 1992

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