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MESERB v. MINN. POLLUTION CONTROL AGENCY

No. A14-1694.

870 N.W.2d 97 (2015)

MINNESOTA ENVIRONMENTAL SCIENCE AND ECONOMIC REVIEW BOARD, et al., Petitioners, v. MINNESOTA POLLUTION CONTROL AGENCY, Respondent.

Court of Appeals of Minnesota.

August 10, 2015.

Attorney(s) appearing for the Case

Steven Nyhus , Flaherty & Hood, P.A., St. Paul, MN; and John C. Hall (pro hac vice), Hall & Associates, Washington, D.C., for petitioners.

Lori Swanson , Attorney General, Max Kieley , Assistant Attorney General, St. Paul, MN, for respondent.

Loyd W. Grooms , LWG, P.A., St. Paul, MN, for amicus curiae Minnesota Chamber of Commerce.

Paige Stradley , Michael Erbele , Merchant & Gould, P.C., Minneapolis, MN, for amicus curiae Minnesota Center of Environmental Advocacy, et al.

Considered and decided by STAUBER, Presiding Judge; SCHELLHAS, Judge; and BJORKMAN, Judge.

OPINION

In this declaratory-judgment action, petitioners challenge the validity of certain water-quality standard rules promulgated by respondent Minnesota Pollution Control Agency (the MPCA), arguing that the agency failed to comply with statutory rulemaking procedures. We declare the rules valid.

FACTS

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