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CHAMBER OF COMMERCE v. POLLUTION CONTROL

No. C1-90-1904.

469 N.W.2d 100 (1991)

MINNESOTA CHAMBER OF COMMERCE, Petitioner, v. MINNESOTA POLLUTION CONTROL AGENCY, Respondent.

Court of Appeals of Minnesota.

Review Denied July 24, 1991.

Attorney(s) appearing for the Case

G. Robert Johnson, Robert S. Burk, Mark F. Ten Eyck, Thomas W. MacLeod, Popham, Haik, Schnobrich & Kaufman, Ltd., Minneapolis, for petitioner.

Hubert H. Humphrey, III, Atty. Gen., Eldon G. Kaul, Alan R. Mitchell, Stephen Shakman, Sp. Asst. Attys. Gen., St. Paul, for respondent.

Considered and decided by FORSBERG, P.J., and PARKER and AMUNDSON, JJ.

OPINION

PARKER, Judge.

The Minnesota Chamber of Commerce seeks a declaratory judgment from this court under Minn.Stat. § 14.44 (1990). The Chamber argues that in adopting Minn.R. 7050 (1990), the Minnesota Pollution Control Agency (MPCA) exceeded its statutory authority, adopted rules without complying with rulemaking requirements, and violated constitutional provisions.

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