Coon Creek Watershed Dist. v. State Envtl. Quality Bd.
Citation: 12 ELR 20758
No. No. 81-394, 315 N.W.2d 604/(Minn., 02/12/1982)
The court holds that a statutorily mandated repair of a drainage ditch is not exempt from the environmental impact statement (EIS) requirement of Minnesota's Environmental Protection Act. The state's Environmental Quality Board concluded that the ditch was distinguished by its length of 8.2 miles, that its repair would have a significant environmental impact, and that an EIS should be prepared. The court upholds the board's order requiring an EIS since it does the conflict with the ditch repair statute. Preparation of an EIS does not preclude the repair, but merely ensures that the environmental effects will be considered and that the repair will be done in the least harmful way.
Counsel for Appellants
James H. Malecki
Gislason, Dosland, Hunter & Malecki
State & Center Sts., New Ulm MN 56073
Counsel for Respondents
Warren Spannaus, Attorney General; Catharine F. Hauckedahl
102 State Capitol, St. Paul MN 55155
KELLEY, J., took no part in the consideration or decision of this case.