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RESERVE MIN. v. MINN. POLLUTION CONTROL AGCY.

No. C2-84-1255.

364 N.W.2d 411 (1985)

RESERVE MINING COMPANY, Relator, v. MINNESOTA POLLUTION CONTROL AGENCY, Respondent.

Court of Appeals of Minnesota.

March 5, 1985.

Attorney(s) appearing for the Case

Maclay R. Hyde, Bassford, Heckt, Lockhart & Mullin, P.A., Minneapolis, for Reserve Min. Co.

Hubert H. Humphrey, III, Atty. Gen., Eldon G. Kaul, Asst. Atty. Gen., Roseville, for Minnesota Pollution Control Agency.

Bronson C. LaFollette, Wis. Atty. Gen., Chris Heikenen, Asst. Atty. Gen., Madison, Wis., for amicus curiae State of Wis., Dept. of Justice.

Grant J. Merritt, Minneapolis, for amicus curiae Minnesota Environmental Control Citizens Assn., Northwoods Environmental Institute and Peninsula Environmental Coalition.

Wayne G. Johnson, Silver Bay, for City of Silver Bay and City of Beaver Bay.

Frank J. Kelley, Michigan Atty. Gen., Stewart H. Freeman, Asst. Atty. Gen., Lansing, Mich.

Heard, considered and decided by POPOVICH, C.J., and NIERENGARTEN and RANDALL, JJ.

OPINION

POPOVICH, Chief Judge.

Relator Reserve Mining Company appeals a portion of an effluent discharge permit granted by the Minnesota Pollution Control Agency. Reserve challenges the portion of the permit which set an amphibole fiber effluent limitation of 1 million fibers per liter. Reserve claims (1) the amphibole fiber limitation is arbitrary and capricious, (2) the MPCA exceeded its authority by setting this limitation, and (3) the 1 million fibers...

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