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Reserve Mining Co. v. Minnesota Pollution Control Agency

ELR Citation: ELR 20170
Nos. No. 210 1/2, 200 N.W.2d 142/4 ERC 1513/294 Minn. 300, (Minn., 08/18/1972) Aff'd in part, rev'd in part

The decision of the trial court, 1 ELR 20073, granting a variance from a regulatory standard is reversed. Although a trial court can properly conclude that a state agency's regulation is invalid as applied, it cannot compel the negotiation of a variance. The court must relinquish the matter to the state agency....

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