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RESOURCE COUNCIL v. N.D. PUB. SERV. COM'N

No. 20110226.

815 N.W.2d 286 (2012)

2012 ND 72

DAKOTA RESOURCE COUNCIL, Petitioner and Appellant, v. NORTH DAKOTA PUBLIC SERVICE COMMISSION, McLean County, North Dakota Department of Transportation, and North Dakota Game and Fish Department and Falkirk Mining Company, Respondents and Appellees.

Supreme Court of North Dakota.

April 10, 2012.

Attorney(s) appearing for the Case

Derrick Lance Braaten (argued) and Lindsey Nieuwsma (appeared), Bismarck, ND, for Dakota Resource Council, petitioner and appellant.

Mark Edward Gruman (argued), North Dakota Public Service Commission, Bismarck, ND, for North Dakota Public Service Commission, respondent and appellee.

Brian R. Bjella (argued) and Christopher Friez (appeared), Bismarck, ND, for Falkirk Mining, respondent and appellee.

Zachary Blaine Smith (appeared), Office of Attorney General, Bismarck, ND, for ND Department of Transportation and ND Game and Fish, respondents and appellees.

Ladd Ronald Erickson (on brief), State's Attorney, Washburn, ND, for McLean County, respondent and appellee.

CROTHERS, Justice.

[¶ 1] The Dakota Resource Council ("DRC") appeals a district court judgment affirming a North Dakota Public Service Commission ("PSC") order. DRC argues (1) the PSC's decision was not in accordance with the law, and (2) the PSC's conclusions of law and order were not supported by its findings of fact. We affirm.

I

[¶ 2] In August 2008, Falkirk Mining Company filed an application with the PSC requesting revision of a surface...

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