ELR Citation: 51 ELR 20069
No(s). A19-0688 and A19-0704 (Minn. Apr 21, 2021)

The Minnesota Supreme Court reversed an appellate court ruling that held the Minnesota Public Utilities Commission erred by approving affiliated-interest agreements for construction and operation of a power plant in a neighboring state without first considering whether environmental review was necessary. Environmental groups initially filed a petition with the Commission to request Minnesota Environmental Policy Act (MEPA) review of the proposed power plant. The Commission denied the petition, concluding there was no "project" subject to MEPA review, and approved the affiliated-interest agreements. The groups appealed the decision and the appellate court reversed, concluding that approval of the agreements was "governmental action" and a "project" subject to MEPA review. The high court, however, concluded that because the Commission did not have authority to permit construction and operation of the power plant and the plant could be built without the Commission's approval, the Commission's decision was not a project and did not cause environmental effects such that it was subject to MEPA review. It therefore reversed and remanded for the appellate court to determine whether the Commission erred in approving the affiliated-interest agreements.