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MINNESOTA v. BNSF RY. CO.

No. 08-CV-6385 (JMR/RLE).

723 F.Supp.2d 1123 (2010)

State of MINNESOTA ex rel. NORTHERN PACIFIC CENTER, INC.; and Northern Pacific Center, Inc. v. BNSF RAILWAY COMPANY.

United States District Court, D. Minnesota.

July 14, 2010.

Attorney(s) appearing for the Case

Curtis D. Smith , Joseph G. Maternowski , Kristin B. Heebner , Moss & Barnett, PA, MPLS, MN, for State of Minnesota, Northern Pacific Center, Inc.

Matthew R. Brodin , Timothy G. Gelinske , Briggs & Morgan, PA MPLS, MN, for BNSF Railway Company.

ORDER

JAMES M. ROSENBAUM, District Judge.

This case presents an unusual, interesting, and unresolved question: Is an admitted polluter, which has, at the direction of a state's environmental protection agency completed environmental remediation, required to perform a subsequent and more stringent remediation if the agency later raises its standards?

Defendant, BNSF Railway Company ("BNSF") once owned and operated a railroad maintenance shop in Brainerd...

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