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Minnesota

Application of North Dakota Pipeline Co.

A Minnesota appellate court held that the state's public utilities commission will need to prepare an EIS under the Minnesota Environmental Policy Act (MEPA) before it can make a final decision on whether to grant or deny a certificate...

North Dakota v. Heydinger

A district court held that Minnesota's New Generation Energy Act, which establishes energy and environmental standards related to carbon dioxide emissions, constitutes impermissible extraterritorial legislation and is a per se violation...

Aronow v. State

A Minnesota appellate court affirmed a lower court decision dismissing an individual's lawsuit against the state for violating the public trust doctrine with respect to climate change. In his complaint, the individual alleged that the...

Minnesota v. BNSF Railway Co.



The Eighth Circuit held that costs a developer incurred to reduce pollution on a property it owns in Brainerd, Minnesota, that had formerly been owned by a railway company were not removal costs and thus not recoverable...

State v. BNSF Ry. Co.

A district court held that a property owner's Minnesota Environmental Response and Liability Act (MERLA) claims against a former owner are not time barred even though the state agency issued a "decision document" describing the former...

Minnesota Ctr. for Envtl. Advocacy v. Holsten

A Minnesota appellate court upheld an EIS for a steel plant against claims that it failed to address the impact of greenhouse gas emissions, climate change, and power generation. The environmental group's claims that the state...

Kennedy Bldg. Assocs. v. CBS Corp.

The Eighth Circuit affirmed a lower court order holding that a company substantially complied with a state's remediation plan for cleaning up PCB contamination at a hazardous waste site. The company's predecessor-in-interest operated an...

United States v. Northshore Mining Co.

The Eighth Circuit affirmed a lower court decision holding moot certain parts of a 1975 injunction regulating air emissions from a mining company's taconite pellet operation in Silver Bay, Minnesota. The lower court held that since...

In re SDS Gen. Permit for Ballast Water Discharges

A Minnesota appellate court upheld a state permit regulating ballast-water discharges into Minnesota waters of Lake Superior. An environmental group argued that the agency erred in its interpretation and application of the state's...

Coalition of Greater Minn. Cities v. Minnesota Pollution Control Agency

A Minnesota appellate court upheld a Minnesota Pollution Control Agency rule governing phosphorus effluent discharges into state waters. A coalition of cities argued that because the rule provides that a discharger "may" rather than "...