§ 116D.04
Citing Cases (60)
Minnesota Supreme Court
Card v. KANDIYOHI CTY. BD. OF COM'RS · 2006 9 citations
+ 9 more citations in this opinion.
Citizens Advocating Responsible Development v. Kandiyohi County Board of Commissioners · 2006 9 citations
+ 9 more citations in this opinion.
Save Our Creeks v. City of Brooklyn Park · 2005 1 citation
+ 1 more citation in this opinion.
Dead Lake Ass'n, Inc. v. Otter Tail County · 2005 3 citations
+ 3 more citations in this opinion.
Minnesota Center for Environmental Advocacy v. Minnesota Pollution Control Agency · 2002 17 citations
+ 17 more citations in this opinion.
Carl Bolander & Sons Co. v. City of Minneapolis · 1993 10 citations
+ 10 more citations in this opinion.
Application of Christenson · 1987 1 citation
+ 1 more citation in this opinion.
Coon Creek Watershed District v. State Environmental Quality Board · 1982 1 citation
+ 1 more citation in this opinion.
State ex rel. Citizens Against Power Plant Pollution, Inc. v. Minnesota Environmental Quality Board · 1981 2 citations [Dissent]
+ 2 more citations in this opinion.
Crookston Cattle Co. v. Minnesota Department of Natural Resources · 1980 8 citations
+ 8 more citations in this opinion.
Urban Council on Mobility v. Minnesota Department of Natural Resources · 1980 2 citations
(Emphasis added.) Similarly, Minn. Stat. § 116D.04, subd. 6 (1978), provides that:
(Emphasis added.) Similarly, Minn. Stat. § 116D.04, subd. 6 (1978), provides that:
Minnesota Court of Appeals
In re Cottonwood County’s Decision on the Need for an Environmental Impact Statement for the Proposed Sioux Rock Quarry ... · 2025 12 citations
+ 12 more citations in this opinion.
Record of Decision for the Hamline Midway Library EAW · 2024 5 citations
+ 5 more citations in this opinion.
State of Minnesota by Smart Growth Minneapolis, a Minnesota nonprofit corporation v. City of ... · 2024 1 citation
+ 1 more citation in this opinion.
In re Resolution Reversing the Planning Commission's Decision to Grant the Petition for an Environmental Assessment ... · 2024 5 citations
action” includes projects that are approved by units of government. Minn. Stat. § 116D.04,
action” includes projects that are approved by units of government. Minn. Stat. § 116D.04,
action” includes projects that are approved by units of government. Minn. Stat. § 116D.04,
+ 2 more citations in this opinion.
In the Matter of the Determination of the Need for an Environmental Impact Statement for the Mankato Motorsports Park. ... · 2023 3 citations
sections 14.63-.69 (2022). Minn. Stat. § 116D.04, subd. 10 (2022); In re City of Cohasset’s
sections 14.63-.69 (2022). Minn. Stat. § 116D.04, subd. 10 (2022); In re City of Cohasset’s
sections 14.63-.69 (2022). Minn. Stat. § 116D.04, subd. 10 (2022); In re City of Cohasset’s
In re the North Dakota Pipeline Co. · 2015 6 citations
+ 6 more citations in this opinion.
Tracie Erickson, Relators v. Minnesota Department of Natural Resources · 2015 1 citation
+ 1 more citation in this opinion.
Save Mille Lacs Sportsfishing, Inc. v. Minnesota Department of Natural Resources · 2015 2 citations
+ 2 more citations in this opinion.
Whitefish Area Property Owners Association, Relators v. Minnesota-Iowa Baptist Conference, Crow Wing County Board of Commissioners · 2015 4 citations
+ 4 more citations in this opinion.
Re: Declaring a Negative Need for an Environmental Impact Statement for the Proposed Living Word Bible Camp Project. · 2014 14 citations
+ 14 more citations in this opinion.
Connaughty v. Winona County Board of Commissioners · 2014 5 citations
+ 5 more citations in this opinion.
In re Environmental Assessment Worksheet for the 33rd Sale of State Metallic Leases in Aitkin, Lake, & Saint Louis Counties · 2013 4 citations
+ 4 more citations in this opinion.
Friends of Twin Lakes v. City of Roseville · 2009 2 citations
+ 2 more citations in this opinion.
City of Bloomington v. City of Burnsville · 2009 3 citations
+ 3 more citations in this opinion.
Watab Township Citizen Alliance v. Benton County Board of Commissioners · 2007 9 citations
+ 9 more citations in this opinion.
In Re Block · 2007 2 citations
+ 2 more citations in this opinion.
Minnesota Center for Environmental Advocacy v. City of St. Paul Park · 2006 6 citations
+ 6 more citations in this opinion.
Minnesota Center for Environmental Advocacy v. Commissioner of Minnesota Pollution Control Agency · 2005 1 citation
+ 1 more citation in this opinion.
Berne Area Alliance for Quality Living v. Dodge County Board of Commissioners · 2005 24 citations
OPINION WRIGHT, Judge. In this appeal of the district court's entry of summary judgment, appellants Berne Area Alliance for Quality Living, et al. (collectively BAA), challenge the district court's determination that respondents Dodge County and its Board of Commissioners did not act arbitrarily and capriciously in concluding that an environmental impact statement (EIS) for the construction of a hog confinement facility was not required. The county argues that Minn. Stat. § 116D.04, subd. 2a(d) (2004), exempts the proposed facility from environmental review. BAA counters that because that statute was enacted after the county's EIS decision, it cannot be applied here, and that, even if the statute does apply, it is not satisfied. BAA also contends that the Minnesota Pollution Control Agency (PCA), not the county, is the responsible governmental unit for permit approval. We affirm in part and reverse in part.
OPINION WRIGHT, Judge. In this appeal of the district court's entry of summary judgment, appellants Berne Area Alliance for Quality Living, et al. (collectively BAA), challenge the district court's determination that respondents Dodge County and its Board of Commissioners did not act arbitrarily and capriciously in concluding that an environmental impact statement (EIS) for the construction of a hog confinement facility was not required. The county argues that Minn. Stat. § 116D.04, subd. 2a(d) (2004), exempts the proposed facility from environmental review. BAA counters that because that statute was enacted after the county's EIS decision, it cannot be applied here, and that, even if the statute does apply, it is not satisfied. BAA also contends that the Minnesota Pollution Control Agency (PCA), not the county, is the responsible governmental unit for permit approval. We affirm in part and reverse in part.
OPINION WRIGHT, Judge. In this appeal of the district court's entry of summary judgment, appellants Berne Area Alliance for Quality Living, et al. (collectively BAA), challenge the district court's determination that respondents Dodge County and its Board of Commissioners did not act arbitrarily and capriciously in concluding that an environmental impact statement (EIS) for the construction of a hog confinement facility was not required. The county argues that Minn. Stat. § 116D.04, subd. 2a(d) (2004), exempts the proposed facility from environmental review. BAA counters that because that statute was enacted after the county's EIS decision, it cannot be applied here, and that, even if the statute does apply, it is not satisfied. BAA also contends that the Minnesota Pollution Control Agency (PCA), not the county, is the responsible governmental unit for permit approval. We affirm in part and reverse in part.
+ 21 more citations in this opinion.
Allen v. City of Mendota Heights · 2005 3 citations
+ 3 more citations in this opinion.
Save Our Creeks v. City of Brooklyn Park · 2004 5 citations
+ 5 more citations in this opinion.
In the Matter of Petition of N. St. Power · 2004 1 citation
+ 1 more citation in this opinion.
Minnesotans for Responsible Recreation v. Department of Natural Resources · 2002 8 citations
+ 8 more citations in this opinion.
Northern States Power Co. v. City of Mendota Heights · 2002 1 citation
+ 1 more citation in this opinion.
Kramer v. Otter Tail County Board of Commissioners · 2002 5 citations
+ 5 more citations in this opinion.
McEa v. Mpca · 2001 1 citation
+ 1 more citation in this opinion.
Minnesota Center for Environmental Advocacy v. Minnesota Pollution Control Agency · 2001 1 citation
+ 1 more citation in this opinion.
Pope County Mothers v. Minnesota Pollution Control Agency · 1999 2 citations
+ 2 more citations in this opinion.
National Audubon Society v. Minnesota Pollution Control Agency · 1997 4 citations
+ 4 more citations in this opinion.
White v. MINN. DEPT. OF NATURAL RESOURCES · 1997 1 citation
+ 1 more citation in this opinion.
White v. Minnesota Department of Natural Resources · 1997 1 citation
+ 1 more citation in this opinion.
Matter of University of Minnesota · 1997 3 citations
+ 3 more citations in this opinion.
County of Dakota (CP 46-06) v. Lakeville · 1997 5 citations
+ 5 more citations in this opinion.
Iron Rangers for Responsible Ridge Action v. Iron Range Resources · 1995 24 citations
+ 24 more citations in this opinion.
Trout Unlimited, Inc. v. Minnesota Department of Agriculture · 1995 4 citations
+ 4 more citations in this opinion.
In Re Certificate of Need for Construction of an Independent Spent Fuel Storage Installation · 1993 2 citations
+ 2 more citations in this opinion.
Carl Bolander & Sons Co. v. City of Minneapolis · 1992 7 citations
+ 7 more citations in this opinion.
In Re Combined Air & Solid Waste Permit No. 2211-91-OT-1 · 1992 4 citations
+ 4 more citations in this opinion.
Omdahl v. Hadler · 1990 2 citations
+ 2 more citations in this opinion.
In re Amendment No. 4 to Air Emission Facility Permit No. 2021-85-OT-1 · 1990 1 citation
+ 1 more citation in this opinion.
In Re Winona County Municipal Solid Waste Incinerator · 1989 3 citations
+ 3 more citations in this opinion.
In Re the Central Baptist Theological Seminary · 1985 5 citations
+ 5 more citations in this opinion.
Roach v. Commissioner of Department of Natural Resources · 1984 2 citations
+ 2 more citations in this opinion.
U.S. District Court, D. Minnesota
Lakes & Parks Alliance v. Federal Transit Administration · 2015 8 citations
+ 8 more citations in this opinion.
Richland/Wilkin Joint Powers Authority v. United States Army Corps of Engineers · 2014 6 citations
+ 6 more citations in this opinion.
Minnesota Public Interest Research Group v. Adams · 1979 8 citations
+ 8 more citations in this opinion.
Cedar-Riverside Environmental Defense Fund v. Hills · 1976 2 citations
+ 2 more citations in this opinion.
United States v. Reserve Mining Company · 1974 4 citations
In addition, other state statutes, such as Minn. Stat. § 116D.04, require him to deny permits if the environment will be impaired as a result of the issuance of a permit. For example, the Environmental Policy Act, at § 116D.04(6), provides as follows in regard to permits:
In addition, other state statutes, such as Minn. Stat. § 116D.04, require him to deny permits if the environment will be impaired as a result of the issuance of a permit. For example, the Environmental Policy Act, at § 116D.04(6), provides as follows in regard to permits:
In addition, other state statutes, such as Minn. Stat. § 116D.04, require him to deny permits if the environment will be impaired as a result of the issuance of a permit. For example, the Environmental Policy Act, at § 116D.04(6), provides as follows in regard to permits:
+ 1 more citation in this opinion.