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TROUT UNLIMITED v. MINNESOTA DEPT. AGR.

No. C3-94-1900.

528 N.W.2d 903 (1995)

TROUT UNLIMITED, INC., et al., Appellants, v. The MINNESOTA DEPARTMENT OF AGRICULTURE, Respondent.

Court of Appeals of Minnesota.

Review Denied April 27, 1995.

Attorney(s) appearing for the Case

Nicholas J. Spaeth, Steven M. Christenson, Dorsey & Whitney, Fargo, ND, for appellants.

Hubert H. Humphrey, III, Atty. Gen., Paul A. Strandberg, Asst. Atty. Gen., St. Paul, for respondent.

Considered and decided by DAVIES, P.J., and HUSPENI and FOLEY, JJ.

OPINION

HUSPENI, Judge.

After reviewing an Environmental Assessment Worksheet (EAW) and comments responding thereto, the Commissioner of Agriculture (Commissioner) decided that an Environmental Impact Statement (EIS) was not required for a proposed irrigation project bordering Dead Horse Creek, a trout stream in Becker County.

Appellants Trout Unlimited, Inc. and the Osage Environmental Society filed an action in district court, seeking a declaratory...

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