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IN RE REQUEST FOR SDS GEN. PERMIT MNG300000

No. A08-1828.

769 N.W.2d 312 (2009)

In the Matter of a REQUEST FOR ISSUANCE OF the SDS GENERAL PERMIT MNG300000 for Ballast Water Discharges from Vessels Transiting Minnesota State Waters of Lake Superior.

Court of Appeals of Minnesota.

July 28, 2009.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, Robert B. Roche, Assistant Attorney General, St. Paul, MN, for respondent Minnesota Pollution Control Agency.

Matthew J. Norton, Minnesota Center for Environmental Advocacy, St. Paul, MN, for relator Minnesota Center for Environmental Advocacy.

Considered and decided by SCHELLHAS, Presiding Judge; LARKIN, Judge; and MUEHLBERG, Judge.

OPINION

LARKIN, Judge.

Relator, an environmental-advocacy group, asserts that the Minnesota Pollution Control Agency erred as a matter of law in its issuance of a permit regulating ballast-water discharge into Minnesota waters of Lake Superior, arguing that the agency (1) erroneously concluded that it was not required to conduct a nondegradation review, (2) failed to conduct an appropriate nondegradation review, and (3) used an inadequate process to determine...

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