In Re Request for Issuance of the SDS General Permit MNG300000

OPINION

LARKIN, Judge.

Relator, an environmental-advocacy group, asserts that the Minnesota Pollution Control Agency erred as a matter of law in its issuance of a permit regulating ballast-water discharge into Minnesota waters of Lake Superior, arguing that the agency (1) erroneously concluded that it was not required to conduct a nondegradation review, (2) failed to conduct an appropriate nondegradation review, and (3) used an inadequate process to determine how stringent the permit’s terms must be in order to preserve Lake Superior’s existing water quality. Relator requests that we remand for…