RESERVE MINING COMPANY, Armco Steel Corporation, Republic Steel Corporation, United Steelworkers of America, AFL-CIO, City of Silver Bay, City of Beaver Bay, Lake County, Northeastern Minnesota Development Association, Duluth Area Chamber of Commerce, City of Babbitt, Range League of Municipalities, Lax Lake Property Owners Association, The Silver Bay Chamber of Commerce, The Township of Beaver Bay, and St. Louis County, Respondents,
v.
Robert L. HERBST, Commissioner of the Department of Natural Resources, State of Minnesota, Minnesota Pollution Control Agency, Warren Spannaus, Attorney General, State of Minnesota, Save Lake Superior Association, Sierra Club, Minnesota Public Interest Research Group, and Minnesota Environmental Control Citizens Association, Appellants.
Supreme Court of Minnesota.https://leagle.com/images/logo.png
May 27, 1977.
May 27, 1977.
Attorney(s) appearing for the Case
Warren Spannaus, Atty. Gen., James M. Schoessler, Sp. Asst. Atty. Gen., St. Paul, Morris M. Sherman and Edward Moersfelder, Minneapolis, for Herbst, et al.
Warren Spannaus, Atty. Gen., Richard Allyn, Sol. Gen., St. Paul, Eldon G. Kaul, Asst. Atty. Gen., Alan R. Mitchell and John-Mark Stensvaag, Sp. Asst. Attys. Gen., Roseville, for Mn. Poll. Control, etc.
Dayton, Herman & Graham, Minneapolis, for Save Lake Superior Assoc. & Sierra Club.
Elliot C. Rothenberg, Minneapolis, for Mn. Pub. Int. Group, et al.
O. C. Adamson, II, Minneapolis, Edward T. Fride, Duluth, Maclay R. Hyde, William T. Egan, G. Alan Cunningham, Minneapolis, Wayne G. Johnson, Silver Bay, John G. Engberg, Minneapolis, for respondents.
Gray, Plant, Mooty, Mooty & Bennett and Curtis D. Forslund, Minneapolis, amicus curiae for Rodney B. Nelson, for United States, Peter R. Taft, Asst. Atty. Gen., Edmund B. Clark, Alfred T. Ghiorzi, and John E. Varnum, Dept. of Justice, Washington, D. C., G. William Frick, Gen. Counsel, Pamela P. Quinn, Atty., Environmental Protection Agency, Washington, D. C., amicus curiae.
Considered and decided by the court en banc.
Supreme Court of Minnesota.
OTIS, Justice.
These appeals arise from proceedings which were initiated on November 18, 1974, by Reserve Mining Company (Reserve) to obtain permits from the commissioner of the Department of Natural Resources (DNR) and the Minnesota Pollution Control Agency (PCA) for construction of an on-land disposal site at Mile Post 7 near Silver Bay in Lake County in response to mandates of the Federal court to discontinue the use...
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