1997 Minnesota Statutes

     116B.09 Intervention; judicial review.  

    Subdivision 1.  Except as otherwise provided in section 
 116B.10, in any administrative, licensing, or other similar 
 proceeding, and in any action for judicial review thereof which 
 is made available by law, any natural person residing within the 
 state, the attorney general, any political subdivision of the 
 state, any instrumentality or agency of the state or of a 
 political subdivision thereof, or any partnership, corporation, 
 association, organization or other legal entity having 
 shareholders, members, partners, or employees residing within 
 the state shall be permitted to intervene as a party upon the 
 filing of a verified pleading asserting that the proceeding or 
 action for judicial review involves conduct that has caused or 
 is likely to cause pollution, impairment, or destruction of the 
 air, water, land or other natural resources located within the 
 state.  

    Subd. 2.  In any such administrative, licensing, or other 
 similar proceedings, the agency shall consider the alleged 
 impairment, pollution, or destruction of the air, water, land, 
 or other natural resources located within the state and no 
 conduct shall be authorized or approved which does, or is likely 
 to have such effect so long as there is a feasible and prudent 
 alternative consistent with the reasonable requirements of the 
 public health, safety, and welfare and the state's paramount 
 concern for the protection of its air, water, land, and other 
 natural resources from pollution, impairment, or destruction.  
 Economic considerations alone shall not justify such conduct.  

    Subd. 3.  In any action for judicial review of any 
 administrative, licensing, or other similar proceeding as 
 described in subdivision 1, the court shall, in addition to any 
 other duties imposed upon it by law, grant review of claims that 
 the conduct caused, or is likely to cause pollution, impairment, 
 or destruction of the air, water, land, or other natural 
 resources located within the state, and in granting such review 
 it shall act in accordance with the provisions of sections 
 116B.01 to 116B.13 and the administrative procedure act.  

    HIST: 1971 c 952 s 9