State Ex Rel. Ludwig v. City of Bemidji

Otis, Justice.

These proceedings have been brought by a resident of Beltrami County to enjoin the city of Bemidji under the provisions of the Minnesota Environmental Rights Act, Minn. St. c. 116B, from polluting the Mississippi River and to recover damages arising from a nuisance maintained by the city. Section 116B.03, subd. 1, provides, in part, that “no action shall be allowable under this section for conduct taken by a person pursuant to any * * * permit issued by the pollution control agency * * The issue is whether the city’s permit to discharge effluent into the river was validly…