Minnesota § 115A.30 JUDICIAL REVIEW

Minnesota Statutes

§ 115A.30 — JUDICIAL REVIEW

Minnesota § 115A.30

PartENVIRONMENTAL PROTECTION

Ch. 115AWASTE MANAGEMENT

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Bluebook

Minn. Stat. § 115A.30 (2026).

Text

Any civil action maintained by or against the Pollution Control Agency under sections115A.18to115A.30shall be brought in the county where the Pollution Control Agency is located and shall take precedence over all other matters of a civil nature and be expedited to the maximum extent possible. Any person aggrieved by a decision of the Pollution Control Agency or an agency under sections115A.18to115A.30may appeal therefrom within 30 days following all final decisions on the issuance of permits. Any appeal shall be conducted as a review of the administrative record as provided in sections14.63to14.69. No civil action shall be maintained pursuant to section116B.03with respect to conduct taken by a person pursuant to any environmental quality standard, limitation, rule, order, license, stipulat

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Any civil action maintained by or against the Pollution Control Agency under sections115A.18to115A.30shall be brought in the county where the Pollution Control Agency is located and shall take precedence over all other matters of a civil nature and be expedited to the maximum extent possible. Any person aggrieved by a decision of the Pollution Control Agency or an agency under sections115A.18to115A.30may appeal therefrom within 30 days following all final decisions on the issuance of permits. Any appeal shall be conducted as a review of the administrative record as provided in sections14.63to14.69. No civil action shall be maintained pursuant to section116B.03with respect to conduct taken by a person pursuant to any environmental quality standard, limitation, rule, order, license, stipulation agreement or permit issued by the Pollution Control Agency under sections115A.18to115A.30. Notwithstanding any provision of chapter 116B to the contrary, in any action brought under that chapter with respect to any decision or conduct undertaken by any person or the Pollution Control Agency pursuant to sections115A.18to115A.30after the period for appeal under this section has lapsed, the plaintiff shall have the burden of proving that the evidence required under section116B.10was not reasonably available within the time provided for appeal. The trial court shall, upon motion of any prevailing nongovernmental party, award costs, disbursements, reasonable attorney's fees, and reasonable expert witness fees, if the court finds the action hereunder was commenced or defended in bad faith or was frivolous.