Jump to Navigation
Jump to Content

Reserve Mining Co. v. Minnesota Pollution Control Agency

ELR Citation: 1 ELR 20073
Nos. No. 05011, 2 ERC 1135/(Minn. Dist. Ct., 12/15/1970)

Plaintiff taconite mining company granted a variance from defendant's recently promulgated Minnesota Water Pollution Control Regulation WPC 15(c)(6), which forbids discharges of suspended solids in Minnesota waters of concentrations above 30 milligrams per liter (mg/l). The variance allows the present discharge of 14,000 milligrams of tailings per liter of water into Lake Superior to continue. Application of the 30 mg/l standard to plaintiff's discharges would be invalid as an unconstitutional taking of property without due process of law. Nevertheless, plaintiff is ordered to submit plans for defendant's approval indicating how plaintiff will modify its taconite discharges so as to abate pollution in accordance with the court's detailed order.

Counsel for Reserve Mining Co.
Edward T. Fride
C. Byron Halje
Sullivan, Hanft, Hastings, Fride and O'Brien
1200 Alworth Building
Duluth, MN 55801
(218) 722-4766

Counsel for Minnesota Pollution Control Agency
Jerome D. Truhn Solicitor General
Lane C. Fridell Special Assistant Attorney General
160 State Office Bldg.
Saint Paul, MN 55101
(601) 221-2961