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STATE, ETC. v. MINNESOTA ENVIRON. QUALITY BD.

No. 50935.

305 N.W.2d 575 (1981)

The STATE of Minnesota by CITIZENS AGAINST POWER PLANT POLLUTION, INC. (CAPPP, INC.), etc., et al., Appellants, v. MINNESOTA ENVIRONMENTAL QUALITY BOARD of the State of Minnesota et al., Respondents, and Northern States Power Company, Intervenor, Respondent.

Supreme Court of Minnesota.

May 15, 1981.

Attorney(s) appearing for the Case

Broeker, Hartfeldt, Hedges & Grant, Will Hartfeldt, and Becky A. Comstock, Minneapolis, for appellants.

Warren Spannaus, Atty. Gen., and Douglas C. Blomgren, Sp. Asst. Atty. Gen., St. Paul, for Minnesota Environmental Quality Board of the State of Minnesota.

Joseph D. Bizzano, Jr., Popham, Haik, Schnobrich, Kaufman & Doty and Raymond A. Haik, Minneapolis, for Northern States Power Company.

Heard, considered, and decided by the court en banc.

TODD, Justice.

Plaintiffs, Citizens Against Power Plant Pollution, Inc. (CAPPP), a Minnesota nonprofit corporation composed of farmers and other residents of Sherburne County, and its president, Malcolm Olson, brought this action against the Minnesota Environmental Quality Board (MEQB), seeking declaratory and equitable relief under the Minnesota Environmental Rights Act (MERA), Minn.Stat. §§ 116B.01-.13 (1978). Plaintiffs challenged the MEQB's November...

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