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NATIONAL AUDUBON SOC. v. MPCA

No. C5-97-391.

569 N.W.2d 211 (1997)

NATIONAL AUDUBON SOCIETY, et al, Appellants, v. MINNESOTA POLLUTION CONTROL AGENCY, Respondent, and Potlach Corporation, defendant-intervenor, Respondent.

Court of Appeals of Minnesota.

September 23, 1997.

Attorney(s) appearing for the Case

Brian B. O'Neil, Richard A. Duncan, Lisa A. Misher, Faegre & Benson, L.L.P., Minneapolis, for appellants.

Hubert H. Humphrey III, State Attorney General, Eldon G. Kaul, Mehmet Konar-Steenberg, Lisa R. Tiegel, Assistant Attorney Generals, St. Paul, for respondent Minnesota Pollution Control Agency.

G. Robert Johnson, Thaddeus R. Lightfoot, Oppenheimer, Wolf, & Donnelly, Minneapolis, for respondent Potlach Corporation.

Vanya Hogen-Kind, Bluedog, Olson, & Small, Bloomington, for amicus curiae White Earth Land Recovery Project.

Considered and decided by LANSING, P.J., and RANDALL and HARTEN, JJ.

OPINION

RANDALL, Judge.

Appellants challenge the district court's order dismissing their claim brought pursuant to the Minnesota Environmental Rights Act (MERA) for failure to state a claim on which relief may be granted. Appellants also challenge the district court's grant of summary judgment for respondents, in which the court held that the Minnesota Pollution Control Agency (MPCA) did not act arbitrarily or capriciously in its decision not to require...

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