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MATTER OF REISSUANCE OF NPDES/SDS PERMIT

A18-2094 A18-2095 A18-2159 A18-2163.

954 N.W.2d 572 (2021)

In the MATTER OF the REISSUANCE OF AN NPDES/SDS PERMIT TO UNITED STATES STEEL CORPORATION (U.S. Steel) for its Minntac facility and response to Contested Case Hearing requests filed by U.S. Steel and the Minnesota Center for Environmental Advocacy ("MCEA") and In the Matter of the Application for Variance from Water Quality Standards in the proposed NPDES/SDS permit, MPCA's Preliminary Determination to Deny the Variance Request and U.S. Steel's Contested Case Hearing request on the Variance denial.

Supreme Court of Minnesota.

Filed: February 10, 2021.

Attorney(s) appearing for the Case

Keith Ellison , Attorney General, Stacey W. Person , Assistant Attorney General, Saint Paul, Minnesota, for appellant Minnesota Pollution Control Agency.

Paula G. Maccabee , Just Change Law Offices, Saint Paul, Minnesota, for appellant WaterLegacy.

Sara K. Van Norman , Van Norman Law, PLLC, Minneapolis, Minnesota; and Sean Copeland , Fond du Lac Band Legal Department, Cloquet, Minnesota, for appellant Fond du Lac Band of Lake Superior Chippewa.

Jeremy Greenhouse , Kenneth Podpeskar , The Environmental Law Group, Ltd., Mendota Heights, Minnesota, for respondent United States Steel Corporation.

Jeffrey K. Holth , Joseph F. Halloran , Michael L. Murphy , Barbara Cole , The Jacobson Law Group, Saint Paul, Minnesota, for amici curiae Grand Portage Band of Lake Superior Chippewa, Lac du Flambeau Band of Lake Superior Chippewa Indians, and 1854 Treaty Authority.

Joy R. Anderson , Saint Paul, Minnesota, for amicus curiae Minnesota Center for Environmental Advocacy.

OPINION

In this case, we must determine whether groundwater is a Class 1 water under Minnesota law and therefore subject to the secondary drinking water standards, including a sulfate standard of 250 milligrams per liter (mg/L), promulgated by the United States Environmental...

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