Legal Opinion
In re the Decision on the Approval for Submittal of a 401 Water Quality Certification
Court of Appeals of Minnesota
Decided November 13, 2012No. A12-1661PublishedCited by 2 opinions
1Opinion of the Court
OPINION
JOHNSON, Chief Judge.
The federal Clean Water Act provides that the United States Environmental Protection Agency (EPA) may issue a permit for the discharge of pollutants into navigable waters only if an affected state certifies that discharges conducted pursuant to the permit will comply with certain water-quality standards. In this matter, the EPA proposed a general permit that would allow shipping vessels in Lake Superior to discharge ballast water that may contain non-native aquatic species. The Minnesota Pollution Control Agency (MPCA) issued a certification for the proposed…
2Cases cited9 opinions
- Reserve Mining Co. v. HerbstSupreme Court of Minnesota · 1977
- Pud No. 1 of Jefferson County v. Washington Department of EcologySupreme Court of the United States · 1994
- Northwest Environmental Advocates v. United States Environmental Protection AgencyCourt of Appeals for the Ninth Circuit · 2008
- Minnesota Center for Environmental Advocacy v. Minnesota Pollution Control AgencySupreme Court of Minnesota · 2002
- Citizens Advocating Responsible Development v. Kandiyohi County Board of CommissionersSupreme Court of Minnesota · 2006
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3Cited by2 opinions
- Chostner v. Colorado Water Quality Control CommissionColorado Court of Appeals · 2013
- National Wildlife Federation v. United States Environmental Protection AgencyDistrict Court, District of Columbia · 2013