Iron Rangers for Responsible Ridge Action v. Iron Range Resources

531 N.W.2d 874, 1995 Minn. App. LEXIS 655, 1995 WL 294180
CourtCourt of Appeals of Minnesota
DecidedMay 16, 1995
DocketC2-94-2245
StatusPublished
Cited by20 cases

This text of 531 N.W.2d 874 (Iron Rangers for Responsible Ridge Action v. Iron Range Resources) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Iron Rangers for Responsible Ridge Action v. Iron Range Resources, 531 N.W.2d 874, 1995 Minn. App. LEXIS 655, 1995 WL 294180 (Mich. Ct. App. 1995).

Opinions

OPINION

EDWARD D. MULALLY, Judge.

In this appeal, the Iron Rangers for Responsible Ridge Action (the Rangers) and Minnesota Center for Environmental Advocacy (MCEA) challenge the district court’s summary judgment affirming a determination of St. Louis County that an Environmental Impact Statement (EIS) was unnecessary for a golf course development project sponsored by the Iron Range Resources and Rehabilitation Board (IRRRB). The district court affirmed St. Louis County’s determination that an EIS was unnecessary under the Minnesota Environmental Protection Act (MEPA) because it did not have the “potential for significant environmental effects.” Minn.Stat. § 116D.04, subd. 2a (1992). We affirm.

On February 4,1994, the St. Louis County Planning Commission (the county) issued a draft Environmental Assessment Worksheet (EAW) for the Giants Ridge Recreational Area Project (the project), a proposed golf course and housing development. After public hearings on the EAW and on the IRRRB’s conditional use permit (CUP) application, on May 17, 1994, the county determined that an EIS was unnecessary, but required the IRRRB to complete four envi[878]*878ronmental studies before the CUP would be issued.

The Rangers and the MCEA sued the IRRRB and the county on June 9, 1994, and moved for summary judgment. The IRRRB and the county filed cross-motions for summary judgment. On October 17, 1994, the district court granted summary judgment for the IRRRB and the county. On October 20, 1994, the county issued CUP findings of fact, conclusions and its decision, and on October 24, the district court entered summary judgment in favor of the IRRRB and the county.

On November 2,1994, the Rangers and the MCEA appealed summary judgment, and the county and the IRRRB filed a notice of review. The Association of Minnesota Counties (AMC), which represents 86 of Minnesota’s 87 counties, filed an amicus brief in support of the county’s decision not to prepare an EIS. The Department of Natural Resources (DNR) filed its amicus brief seeking a reversal of summary judgment and an order requiring the IRRRB to prepare an EIS.

FACTS

The IRRRB is responsible for promoting development in the Iron Range area of Minnesota. See Minn.Stat. § 298.2213 (1992). In 1994, the IRRRB developed a master plan for the Giants Ridge Recreation Area, proposing a year-round recreation facility using existing alpine and nordic track facilities in St. Louis County. The property is owned by the State of Minnesota and operated by the IRRRB. The recreation area was established in 1984 when the Giants Ridge Alpine Ski Facility was built, and currently has alpine and nordic ski facilities, snowmobile trails, a housing development, power lines, city water and sewer lines, and county and state aid highways. The proposed project will have an 18-hole golf course, an upgrade and realignment of existing cross-country ski trails, and the possible future construction of 200 to 250 housing units with connections to existing city sewer and water lines. The IRRRB plans to construct and fund the golf course and cross-country ski trail realignment, but private investors will fund the housing development.

The IRRRB hired a private consulting firm, THK Associates, Inc., to develop the master plan, complete environmental studies, assist in economic planning, evaluate the feasibility of the project, and consider alternative sites. The IRRRB’s consultants evaluated the natural and manmade elements affecting the project area and submitted their studies, with other environmental documents, for the county’s consideration in the environmental review process required by MEPA, Minn.Stat. §§ 116D.01-.11 (1992). The IRRRB and the county agreed that the county, through its planning commission, would act as the responsible government unit (RGU) for environmental review of the project in accordance with Minn.R. 4410.0500, subpts. 1, 5 (1993).

On February 4, 1994, the county issued its draft EAW for the project for public comment. Minn.Stat. § 116D.04, subd. 2a(b); Minn.R. 4410.1600 (1993). On March 10, 1994, the IRRRB applied to the county for a CUP for the project. The county requested additional information from the IRRRB regarding drainage and surface water issues. The DNR, the Minnesota Department of Health, the Soil and Water Conservation District, other agencies, and interested citizens submitted their comments and concerns regarding forest fragmentation, botanical issues, and surface and ground water contamination. The IRRRB also submitted studies regarding water drainage.

During April and May 1994, the county conducted two public hearings on the EAW and on the CUP application. The county issued a negative declaration regarding the need for an EIS because the project did not have the “potential for significant environmental effects” under Minn.Stat. § 116D.04, subd. 2a. See Minn.R. 4410.1700, subpt. 7 (1993) (criteria for deciding environmental effects). The county based its findings and conclusions on a 2,000-page administrative record consisting of technical, professional and lay testimony and exhibits. Before the county would issue the CUP for the project, however, it required the IRRRB to submit four additional reports relating to water quality, rare plants, archeology and forest fragmentation.

[879]*879On May 19, 1994, the Rangers sought review of the county’s negative declaration on the EIS by the Environmental Quality Board (EQB). On June 7, 1994, after the EQB heard testimony from the IRRRB, the county, and the Rangers, it decided to take no action concerning the county’s decision.

The Rangers and the MCEA sued the county on June 9, 1994, to prohibit the issuance of the CUP and project construction permits before an EIS was prepared. The Rangers and MCEA moved for summary judgment on the basis that: (1) the county was not the appropriate RGU and could not legally assume responsibility for environmental review under Minn.Stat. eh. 116D and Minn.R. 4410; and (2) the county erred in determining that the project did not have the “potential for significant environmental effects” where the project would affect ground and surface water, could harm the barren strawberry, the clustered bur reed, or the floating marsh marigold, and would cause forest fragmentation.

The IRRRB and county filed a cross-motion for summary judgment seeking the following determinations: (1) that the Rangers and MCEA lacked jurisdiction to challenge the county’s designation as the RGU or, alternatively, that the county was a proper RGU; (2) that the project did not have the potential for significant effects and, therefore, the county’s negative declaration was not arbitrary or capricious; and (3) that the Rangers lacked the legal capacity to sue in Minnesota under MEPA, and that the MCEA also lacked standing to bring the present suit.

On October 17, 1994, the district court granted summary judgment in favor of the county and the IRRRB, concluding that: (1) the Rangers were an unincorporated association lacking standing to sue under MEPA; (2) appellant MCEA had established that at least one of its members had standing because it could be significantly affected by the county’s decision and by the construction of the golf course; (3) the county is an appropriate RGU for the project under Minn.R. 4410.0500, subpt. 5(B)(1); and (4) the administrative record supported the county’s decision that the project did not have the potential for significant environmental effects and the decision was not arbitrary or capricious. The Rangers and the MCEA appealed to this court.

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Iron Rangers for Responsible Ridge Action v. Iron Range Resources
531 N.W.2d 874 (Court of Appeals of Minnesota, 1995)

Cite This Page — Counsel Stack

Bluebook (online)
531 N.W.2d 874, 1995 Minn. App. LEXIS 655, 1995 WL 294180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iron-rangers-for-responsible-ridge-action-v-iron-range-resources-minnctapp-1995.