RESERVE MINING CO. v. MINNESOTA POLLUTION CONTROL AGENCY

No. Civ. 5-77-63.

434 F.Supp. 1191 (1977)

RESERVE MINING COMPANY, Armco Steel Corporation, Republic Steel Corporation, and City of Silver Bay, et al., Petitioners, and United Steelworkers of America, AFL-CIO, Intervenor, v. MINNESOTA POLLUTION CONTROL AGENCY and Robert L. Herbst, Commissioner of the Department of Natural Resources, State of Minnesota, Respondents, and Warren Spannaus, Attorney General, State of Minnesota, Save Lake Superior Association, Sierra Club, Minnesota Public Interest Research Group, and Minnesota Environmental Control Citizens Association, Intervenors.

United States District Court, D. Minnesota, Fifth Division.

August 5, 1977.


Attorney(s) appearing for the Case

Edward T. Fride, Hanft, Fride, O'Brien & Harries, Duluth, Minn., O. C. Adamson, II, Meagher, Geer, Markham, Anderson, Adamson, Flaskamp & Brennan, Maclay R. Hyde, Lindquist & Vennum, Minneapolis, Minn., for Reserve Mining.

William T. Egan, Rider, Bennett, Egan, Johnson & Arundel, Minneapolis, Minn., for Republic Steel.

G. Alan Cunningham, Faegre & Benson, Minneapolis, Minn., for Armco Steel Co.

John G. Engberg, Helgesen, Peterson, Engberg & Spector, Minneapolis, Minn., for United Steel Workers of America.

Warren Spannaus, Atty. Gen., State of Minnesota, Byron E. Starns, Chief Deputy Atty. Gen., State of Minnesota, St. Paul, Minn., for State of Minnesota.

Howard J. Vogel, St. Paul, Minn., for Environmental Groups.

Charles K. Dayton, Dayton, Herman & Graham, Minneapolis, Minn., for Save Lake Superior Assn. & Sierra Club.

Michael H. Ferring, U. S. Army Corps of Engineers, St. Paul, Minn., for U. S. Corps of Engineers.

Michael Milgrom, Minneapolis, Minn., for Minnesota Public Interest Research Group.

Elliot C. Rothenberg, St. Louis Park, Minn., for Minnesota Environmental Association.

Eldon G. Kaul, Asst. Atty. Gen., Roseville, Minn., for Pollution Control Agency.

Morris M. Sherman, Minneapolis, Minn., for Department of Natural Resources.


ORDER OF REMAND

DEVITT, Chief Judge.

Petitioners seek remand of this case to the state court whence it was removed.

In mid-1976, petitioners appealed to the Lake County, Minnesota, district court decisions by the Department of Natural Resources and the Pollution Control Agency which denied permits necessary for the construction of an on-land disposal facility at Milepost Seven. After receiving evidence, the court ordered the state agencies to issue...

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