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MCEA v. COMR. OF MPCA

No. A04-1323.

696 N.W.2d 398 (2005)

MINNESOTA CENTER FOR ENVIRONMENTAL ADVOCACY, Relator, v. COMMISSIONER OF MINNESOTA POLLUTION CONTROL AGENCY, Respondent, City of St. Cloud, Respondent.

Court of Appeals of Minnesota.

May 24, 2005.

Attorney(s) appearing for the Case

Janette K. Brimmer, Minnesota Center for Environmental Advocacy, St. Paul, MN, for relator.

Mike Hatch, Attorney General, Robert B. Roche, Assistant Attorney General, St. Paul, MN, for respondent Commissioner of Minnesota Pollution Control Agency.

Christopher M. Hood, Steven W. Nyhus, Flaherty & Hood, P.A., St. Paul, MN, for respondent City of St. Cloud.

Considered and decided by WILLIS, Presiding Judge, STONEBURNER, Judge, and CRIPPEN, Judge.

OPINION

CRIPPEN, Judge.*

This appeal challenges administrative approval of a wastewater treatment permit by respondent Minnesota Pollution Control Agency (the agency). Relator Minnesota Center for Environmental Advocacy argues that (1) the agency changed its construction of Minn. R. 7050.0211, subp. 1a (2003) (phosphorus removal rule), in a manner that is arbitrary, resulting in the Coon Rapids Dam Pool not being protected as...

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