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IN RE 401 WATER QUALITY CERTIFICATION

No. A12-1661.

822 N.W.2d 676 (2012)

In the Matter of the Decision on the Approval for Submittal of a 401 WATER QUALITY CERTIFICATION to the U.S. Environmental Protection Agency for the Draft 2013 Vessel General Permit and the Draft 2013 Small Vessel General Permit.

Court of Appeals of Minnesota.

November 13, 2012.

Attorney(s) appearing for the Case

Kathryn M. Hoffman , Minnesota Center for Environmental Advocacy, St. Paul, MN, and Neil S. Kagan (pro hac vice), National Wildlife Federation, Ann Arbor , Michigan, for relators, Minnesota Conservation Federation, Minnesota Center for Environmental Advocacy, National Wildlife Federation, and Natural Resources Defense Council.

Lori Swanson , Attorney General, Ann E. Cohen , Assistant Attorney General, St. Paul, MN, for respondent, Minnesota Pollution Control Agency.

Gregory A. Fontaine , Aleava R. Sayre , Matthew D. Melewski , Leonard, Street and Deinard, P.A., Minneapolis, MN, for intervenor, Lake Carriers' Association.

Considered and decided by JOHNSON, Chief Judge; SCHELLHAS, Judge; and KIRK, Judge.

OPINION

JOHNSON, Chief Judge.

The federal Clean Water Act provides that the United States Environmental Protection Agency (EPA) may issue a permit for the discharge of pollutants into navigable waters only if an affected state certifies that discharges conducted pursuant to the permit will comply with certain water-quality standards. In this matter, the EPA proposed a general permit that would allow shipping vessels in Lake Superior to discharge ballast...

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