RESTORATION ASS'N v. DEPT. OF NATURAL RES.

A18-0750.

946 N.W.2d 373 (2020)

WHITE BEAR LAKE RESTORATION ASSOCIATION, EX REL. STATE of Minnesota, Appellant, and White Bear Lake Homeowners' Association, Inc., ex rel. State of Minnesota, Appellant, v. MINNESOTA DEPARTMENT OF NATURAL RESOURCES, et al., Respondents, and Town of White Bear, Respondent, City of White Bear Lake, Respondent.

Supreme Court of Minnesota.

Filed: July 15, 2020.


Attorney(s) appearing for the Case

Michael V. Ciresi , Katie Crosby Lehmann , Heather M. McElroy , Ciresi Conlin LLP, Minneapolis, Minnesota; and Eric J. Magnuson , Richard B. Allyn , Robins Kaplan LLC, Minneapolis, Minnesota, for appellant White Bear Lake Restoration Association.

Byron E. Starns , Daniel L. Scott , Micah J. Revell , Stinson LLP, Minneapolis, Minnesota, for appellant White Bear Lake Homeowners' Association, Inc.

Keith Ellison , Attorney General, Oliver J. Larson , Colin P. O'Donovan , Assistant Attorneys General, Saint Paul, Minnesota, for respondent Minnesota Department of Natural Resources, et al.

Patrick J. Kelly , Chad D. Lemmons , Kelly & Lemmons, P.A., Saint Paul, Minnesota, for respondent Town of White Bear.

Monte A. Mills , Virginia R. McCalmont , Greene Espel PLLP, Minneapolis, Minnesota, for respondent City of White Bear Lake.

Soren M. Mattick , Campbell Knutson , Professional Association, Eagan, Minnesota, for amicus curiae City of North St. Paul.

Korine L. Land , David L. Sienko , LeVander, Gillen & Miller, P.A., South Saint Paul, Minnesota, for amicus curiae City of Stillwater.

Elise L. Larson , Minnesota Center for Environmental Advocacy, Saint Paul, Minnesota; and Mehmet K. Konar-Steenberg and Colette Routel , Mitchell Hamline School of Law, Saint Paul, Minnesota.

William P. Hefner , Jeremy Greenhouse , The Environmental Law Group, Ltd., Mendota Heights, Minnesota; and Lloyd W. Grooms , Saint Paul, Minnesota, for amicus curiae Minnesota Chamber of Commerce.


OPINION

After White Bear Lake's water levels reached historic lows in the early 2010's, two associations sued the Minnesota Department of Natural Resources (the DNR) for pollution and impairment of the lake, primarily arising out of alleged mismanagement of the groundwater-appropriation permitting process. Both associations...

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