Legal Opinion

Coalition of Greater Minnesota Cities v. Minnesota Pollution Control Agency

Court of Appeals of Minnesota

Decided May 12, 2009No. A08-1198PublishedCited by 6 opinions

1Opinion of the Court

OPINION

COLLINS, Judge. *

Petitioner Coalition of Greater Minnesota Cities (coalition) brings a pre-enforcement declaratory-judgment challenge to Minn. R. 7053.0255, subp. 4. The coalition contends that the rule grants “unbridled discretion” to respondents Minnesota Pollution Control Agency, et al. (MPCA), to deny exemptions to those with a new or expanded discharge of more than 1,800 pounds of phosphorus per year who would otherwise qualify for an exemption from the limit of one milligram per liter of phosphorus effluent, and that the rule therefore (1) violates Minn. Const, art. Ill, § 1, as…

2Cases cited12 opinions

  1. Lee v. DelmontSupreme Court of Minnesota · 1949
  2. Anderson v. Commissioner of HighwaysSupreme Court of Minnesota · 1964
  3. Minnesota Center for Environmental Advocacy v. Minnesota Pollution Control AgencySupreme Court of Minnesota · 2002
  4. In Re the Cities of Annandale & Maple Lake NPDES/SDS Permit Issuance for the Discharge of Treated WastewaterSupreme Court of Minnesota · 2007
  5. Manufactured Housing Institute v. PettersenSupreme Court of Minnesota · 1984

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3Cited by6 opinions

  1. Builders Association of the Twin Cities v. Minnesota Department of Labor and IndustryCourt of Appeals of Minnesota · 2015
  2. In re Minn. Living Assistance, Inc.Court of Appeals of Minnesota · 2018
  3. Minnesota Environmental Science and Economic Review Board v. Minnesota Pollution Control AgencyCourt of Appeals of Minnesota · 2015
  4. Save Mille Lacs Sportsfishing, Inc. v. Minnesota Department of Natural ResourcesCourt of Appeals of Minnesota · 2015
  5. Save Mille Lacs Sportsfishing, Inc. v. Minnesota Department of Natural ResourcesCourt of Appeals of Minnesota · 2015

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