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IN RE REICHMANN LAND AND CATTLE, LLP

No. A13-1461.

847 N.W.2d 42 (2014)

In the Matter of REICHMANN LAND AND CATTLE, LLP.

Court of Appeals of Minnesota.

May 19, 2014.

Attorney(s) appearing for the Case

Gary W. Koch , Matthew C. Berger , Gislason & Hunter LLP, New Ulm, MN, for relator Reichmann Land and Cattle.

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

Considered and decided by CHUTICH, Presiding Judge; CONNOLLY, Judge; and SMITH, Judge.

OPINION

SMITH, Judge.

We affirm the order of respondent Commissioner of the Minnesota Pollution Control Agency (the MPCA) requiring relator, Reichmann Land and Cattle, LLP, to obtain a State Disposal System permit for its winter cattle lands because the lands are not exempt from such a permit under the statutory definition of pasture. We reverse the commissioner's order requiring a federal National Pollutant Discharge...

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