RESERVE MINING CO. v. MINN. POLLUTION CONTROL

Nos. 48352, 48393.

267 N.W.2d 720 (1978)

RESERVE MINING COMPANY, Republic Steel Corporation, Armco Steel Corporation, City of Silver Bay, City of Beaver Bay, Town of Beaver Bay, Lake County, St. Louis County, Northeastern Minnesota Development Association (NEMDA), Duluth Area Chamber of Commerce, City of Babbitt, Range League of Municipalities, Lax Lake Property Owners Association, and the Silver Bay Chamber of Commerce, Respondents, v. MINNESOTA POLLUTION CONTROL AGENCY, Appellant, and Save Lake Superior Association, Intervenor, Appellant.

Supreme Court of Minnesota.

April 14, 1978.


Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., for MPCA and amicus curiae for Minnesota Dept. of Natural Resources, seeking reversal.

Richard Allyn, Sol. Gen., Eldon G. Kaul, Asst. Atty. Gen., Alan Mitchell, John-Mark Stensvaag, Sp. Asst. Atty. Gen., Byron E. Starns, Chief Deputy Atty. Gen., for MPCA.

Dayton, Herman & Graham and Charles K. Dayton, Minneapolis, for Save Superior Assoc.

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

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

Faegre & Benson and G. Alan Cunningham, Minneapolis, for Armco Steel Corp.

Johnson & Thomas and Wayne G. Johnson, Silver Bay, for City of Silver Bay, et al.

Helgesen, Peterson, Engberg & Spector and John G. Engberg, Minneapolis, for United Steelworkers of America, AFL-CIO.

C. Paul Faraci, Deputy Atty. Gen., James M. Schoessler, Sp. Asst. Atty. Gen., for amicus curiae Minnesota Dept. of Natural Resources, seeking reversal.

Considered and decided by the court en banc.


OTIS, Justice.

This litigation reviews the propriety of permits issued by Minnesota Pollution Control Agency (PCA) to Reserve Mining Company (Reserve) for the construction and operation of an on-land site for the disposal of taconite tailings at Reserve's Silver Bay processing plant.

The problem of abating air and water pollution, generated by Reserve's mining operations at its Peter Mitchell Mine near Babbitt, has engaged the time and attention of the Federal...

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