FLOODWOOD-FINE LAKES, ETC. v. MINN. E. Q. C.

Nos. 49181, 49203 and 49224.

287 N.W.2d 390 (1979)

FLOODWOOD-FINE LAKES CITIZENS GROUP, et al., Respondents, v. MINNESOTA ENVIRONMENTAL QUALITY COUNCIL, Appellant (49181), Society Concerned About a Ravaged Environment, Inc. (SCARE, Inc.), Appellant (49203), and GREAT LAKES TRANSMISSION COMPANY, Respondent, v. MINNESOTA ENVIRONMENTAL QUALITY COUNCIL, Appellant (49181), Society Concerned About a Ravaged Environment, Inc. (SCARE, Inc.), Appellant (49203). FLOODWOOD-FINE LAKES CITIZEN GROUP, et al., Respondents, Minnesota Power & Light Company, Appellant (49224), v. MINNESOTA ENVIRONMENTAL QUALITY COUNCIL, Respondent, Society Concerned About a Ravaged Environment, Inc. (SCARE, Inc.), Respondent, and GREAT LAKES TRANSMISSION COMPANY, Respondent, Minnesota Power & Light Company, Appellant (49224), v. MINNESOTA ENVIRONMENTAL QUALITY COUNCIL, Respondent, Society Concerned About a Ravaged Environment, Inc. (SCARE, Inc.) Respondent.

Supreme Court of Minnesota.

Rehearing Denied December 12, 1979.


Attorney(s) appearing for the Case

Warren Spannaus, Atty. Gen., Richard B. Allyn, Sol. Gen., William E. Dorigan, Richard S. Slowes and Stephen Shakman, Sp. Asst. Attys. Gen., St. Paul, for Minnesota Environmental Quality Council.

Bethel E. Anderson, Brookston, for SCARE, Inc.

Philip R. Halverson, Duluth, for Minnesota Power & Light Co.

Donovan & Harper and Donald B. Crassweller, Duluth, Dorsey, Windhorst, Hannaford, Whitney & Halladay and Edward J. Schwartzbauer and Steven F. Wolgamot, Minneapolis, for Great Lakes Gas Transmission Co.

Edwards, Edwards & Bodin and James F. Bodin, Duluth, for Floodwood-Fine Lakes Citizens Group et al.

Broeker, Hartfeldt, Hedges & Grant, Will Hartfeldt and Eleni P. Skevas, Minneapolis, for Clear Air-Clear Water Unlimited, and Minnesota Environmental Control Citizens Assn. and the Sierra Club.

Joseph D. Bizzan, Jr., Popham, Haik, Schnobrich, Kaufman & Doty, Minneapolis, for Northern States Power Co.

Heard, considered and decided by the court en banc.


OTIS, Justice.

Pursuant to Minn.Stat. § 116C.57 (1976) Minnesota Power & Light Company (MPL) initiated these proceedings on March 11, 1975, by applying to the Minnesota Environmental Quality Council (EQC)1 for two certificates of site compatibility permitting the construction of two 500 megawatt electric power generating plants, one near Brookston in southwestern St. Louis County and...

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