ELR Citation: ELR 20157
No(s). 4-92-1258 (D. Minn. Aug 13, 1993)

The court holds that the operator of a mixed municipal solid waste composting facility did not violate the odor limits of Minnesota's state implementation plan (SIP). The court first holds that it has jurisdiction over the action, which was brought by citizen groups under §304 of the Clean Air Act (CAA). The groups may challenge the operator's compliance with Minnesota's SIP because the odor regulations are contained in the SIP under the CAA, the U.S. Environmental Protection Agency has not moved to rescind the regulations, and §304 provides a basis for the action. The court holds, however, that the groups failed to offer evidence raising an issue of fact concerning current or repeated violations of the odor regulations that could sustain their action. The court finds that the operator did not violate the regulations because none of the odor samples tested exceeded the regulatory limits for the type of zoned areas from which they were taken. After granting summary judgment to the operator on the federal claim, the court dismisses the groups' state-law nuisance claims without prejudice, declining to exercise supplemental jurisdiction over them, having dismissed the federal claim over which it had original jurisdiction.

Counsel for Plaintiffs
Lawrence A. Moloney, Timothy J. Dolan
Doherty, Rumble & Butler
3750 IDS Tower, 150 S. 5th St., Minneapolis MN 55402
(612) 340-5555

Counsel for Defendants
Robert E. Cattanach, Peter V. O'Connor
Oppenheimer, Wolff & Donnelly
1700 First Bank Bldg., St. Paul MN 55101
(612) 223-2500