In the MATTER OF: Petition of MCEA FOR COMMENCEMENT OF AN ENVIRONMENTAL ASSESSMENT WORKSHEET.
Supreme Court of Minnesota.https://leagle.com/images/logo.png
Filed: September 28, 2022.
Filed: September 28, 2022.
Attorney(s) appearing for the Case
Gerald W. Von Korff , Rinke Noonan, Ltd., St. Cloud, Minnesota; and David J. Torgelson , Renville County Attorney, Olivia, Minnesota, for appellant Renville County Board of Commissioners.
Dean M. Zimmerli , Gislason & Hunter, LLP, New Ulm, Minnesota, for appellants 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, and Leslie R. Zimmer, Revocable Trust.
Keith Ellison , Attorney General, Colin P. O'Donovan , Assistant Attorney General, Saint Paul, Minnesota, for amicus curiae Minnesota Department of Natural Resources.
Scott T. Anderson , Rupp, Anderson, Squires, Waldspurger & Mace, P.A., Minneapolis, Minnesota, for amicus curiae Association of Minnesota Counties.
Bruce M. Kleven , Kleven Law Office, P.A., Minneapolis, Minnesota, for amici curiae Minnesota Corn Growers Association, Minnesota Farm Bureau Federation, Minnesota Farmers Union, and Minnesota Soybean Growers Association.
Michael D. Madigan , Christopher W. Bowman , Amy M. Bryne , Madigan, Dahl & Harlan, P.A., Minneapolis, Minnesota, for amici curiae The Sierra Club, Land Stewardship Project, Minnesota Trout Unlimited, Minnesota Chapter of The Wildlife Society, and Fish & Wildlife Legislative Alliance.
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, and Minnesota Conservation Federation.
Mahesha P. Subbaraman , Subbaraman PLLC, Minneapolis, Minnesota, for amici curiae Minnesota Lakes and Rivers Advocates, Friends of the Mississippi River, Minnesota Well Owners Organization, Dr. Daniel Engstrom, and Dr. Howard Markus.
OPINION
ANDERSON, Justice.
This appeal poses the question of whether the classification of waters as "public water" is based on the statutory definition of "public waters" in Minn. Stat. § 103G.005, subd. 15 (2020), or the "public waters inventory" that the Department of Natural Resources maintains under Minn.
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