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NORTHWOODS ENVIRON. INSTITUTE v. MINN. P.C.A.

No. C3-85-1081.

370 N.W.2d 449 (1985)

NORTHWOODS ENVIRONMENTAL INSTITUTE, et al., Petitioners, v. MINNESOTA POLLUTION CONTROL AGENCY, Respondent.

Court of Appeals of Minnesota.

July 2, 1985.

Attorney(s) appearing for the Case

Grant J. Merritt, Minneapolis, for petitioners.

Hubert H. Humphrey, III, Atty. Gen., Eldon G. Kaul, Asst. Atty. Gen., Roseville, for respondent.

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

Considered and decided by POPOVICH, C.J., and PARKER and CRIPPEN, JJ., without oral argument.

MEMORANDUM OPINION

POPOVICH, Chief Judge.

FACTS

In Reserve Mining Company v. Minnesota Pollution Control Agency, 364 N.W.2d 411 (Minn.Ct.App.1985), this court was asked to determine whether a 1 million fiber per liter limit on the discharge of amphibole fibers was arbitrary and capricious. We held the Minnesota Pollution Control Agency's (MPCA) limit was arbitrary and capricious because the limit was not...

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