ELR Citation: ELR 20384
No(s). s. C8-92-9, C7-91-2551 (Minn. Ct. App. Aug 25, 1992)

The court holds that the Minnesota Pollution Control Agency's (MPCA's) denial of an incinerator construction permit is erroneous as a matter of law, and directs the MPCA to issue the permit. The court first holds that the MPCA's findings that the proposed Dakota County incinerator would produce unacceptable levels of mercury, dioxin, and ash are not supported by substantial evidence, since the MPCA produced no specific supportive evidence, and emissions levels are within state and federal standards. The court holds that the MPCA's proposed composting facility is not a feasible and prudent alternative to the incinerator because it has insufficient capacity, its viability is speculative, and it is not environmentally superior to the incinerator. The court next holds that the state preference for the composting of waste as opposed to incineration does not require that all composting alternatives be implemented before incineration is considered. In addition, the court holds that the MPCA cannot contradict the Metropolitan Council's finding that the incinerator is consistent with state recycling goals and preferences for waste management, since the Metropolitan Council was granted legislative authority, and the MPCA is restricted to a regulatory role.

Counsel for Respondents
Ann M. Feha, Special Ass't Attorney General
Attorney General's Office
102 State Capitol, St. Paul MN 55155
(612) 296-6196

Barbara J. Blumer
4667 Parkridge Dr., Eagan MN 55123
(612) 454-7838

Counsel for Appellant
Charles K. Dayton
Leonard, Street & Deinard
150 S. 5th St., Ste. 2300, Minneapolis MN 55402
(612) 335-1500

Considered and decided by SHORT, Presiding Judge, CRIPPEN, Judge, and SCHUMACHER, Judge.