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IN RE ENVIRONMENTAL ASSESSMENT WORKSHEET

No. A12-2172.

838 N.W.2d 212 (2013)

In the Matter of the Petition for an ENVIRONMENTAL ASSESSMENT WORKSHEET FOR THE 33RD SALE OF STATE METALLIC LEASES IN AITKIN, LAKE, AND SAINT LOUIS COUNTIES, Minnesota.

Court of Appeals of Minnesota.

September 9, 2013.

Attorney(s) appearing for the Case

Minnesota Department of Natural Resources Paula Goodman Maccabee , Just Change Law Offices, St. Paul, MN, for relator Matthew Tyler.

Lori Swanson , Attorney General, Alan I. Gilbert , Solicitor General, Jill Schlick Nguyen , Assistant Attorney General, St. Paul, MN, for respondent commissioner of natural resources.

Byron E. Starns , Matthew D. Melewski , Leigh K. Currie , Leonard, Street, & Deinard, P.A., Minneapolis, MN, for intervenors DMC (USA) LLC and Encampment Minerals.

John A. Knapp , Thomas H. Boyd , Brent A. Lorentz , Winthrop & Weinstine, P.A., Minneapolis, MN, for amicus MiningMinnesota.

Considered and decided by WORKE, Presiding Judge; RODENBERG, Judge; and SMITH, Judge.

OPINION

RODENBERG, Judge.

Relator challenges a decision by respondent Minnesota Department of Natural Resources (DNR) not to require preparation of an environmental assessment worksheet (EAW) in connection with the sale of mineral leases, arguing that the DNR erred when it concluded that the lease sale does not constitute a project and thus does not trigger environmental-review requirements. We affirm.

FACTS

This case arises out of the...

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