MATTER OF MCEA

A20-1592.

967 N.W.2d 425 (2021)

In the MATTER OF: Petition of MCEA FOR COMMENCEMENT OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET.

Court of Appeals of Minnesota.

Filed October 4, 2021.


Attorney(s) appearing for the Case

Elise L. Larson , Jay E. Eidsness , Stephanie L. Fitzgerald (pro hac vice), Minnesota Center for Environmental Advocacy, St. Paul, Minnesota (for relators Minnesota Center for Environmental Advocacy and Protecting Public Waters).

David J. Torgelson , Renville County Attorney, Olivia, Minnesota; and Gerald W. VonKorff, Rinke Noonan, Ltd., St. Cloud, Minnesota (for respondent Renville County Board of Commissioners).

Jeff C. Braegelmann , Dean M. Zimmerli , Gislason & Hunter LLP, New Ulm, Minnesota (for respondents Fagen Farms, LLP; Peterson Family Farms Ltd. of Sacred Heart; Edward E. Werre Trust B; Paul Lanning; Liz Lanning; Aaron Pape; Delores J. Larsen; Werre Family Partnership No. 1; Alice A. Zimmer, Revocable Trust; Leslie R. Zimmer, Revocable Trust (together Project Proposers)).

Karuna Ojanen , Ojanen Law Office, Rochester, Minnesota (for amici curiae Clean Up the River Environment, Coalition for a Clean Minnesota River, Friends of the Minnesota Valley, Izaak Walton League, Lake Pepin Legacy Alliance, Minnesota Conservation Federation, and Sever Peterson).

Considered and decided by Larkin, Presiding Judge; Hooten, Judge; and Smith, Tracy M., Judge.


OPINION

In this certiorari appeal, relators challenge the decision of respondent Renville County Board of Commissioners not to prepare an environmental assessment worksheet (EAW) for a proposed ditch-improvement project known as the County Ditch 77 Project (CD 77 project). Relators the Minnesota Center for Environmental...

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