ELR Citation: 49 ELR 20132
No(s). A18-1956 (Minn. Ct. App. Aug 5, 2019)

In an unpublished opinion, a state appellate court upheld the Minnesota Department of Natural Resources' rules under which the permit for a copper-nickel-platinum mine was issued. Environmental groups challenged the rules, asserting that they were constitutionally vague and unenforceable. The court found that the rules were not vague because they did not leave anyone guessing what conduct was proscribed, and thus did not not violate constitutional provisions. The groups also argued the rules exceeded statutory authority by allowing the Department too much discretion to grant or deny a permit. The court found the rules, each of which included a goal and specific requirements for achieving that goal, did not exceed statutory authority because the agency did what the state legislature directed it to do—avoid inflexible rules by instead developing rules that emphasized the agencies' goals. It therefore upheld the rules.