1999 Minnesota Statutes

CHAPTER 116B. Environmental rights

     116B.01 Purpose.  

    The legislature finds and declares that each person is 
 entitled by right to the protection, preservation, and 
 enhancement of air, water, land, and other natural resources 
 located within the state and that each person has the 
 responsibility to contribute to the protection, preservation, 
 and enhancement thereof.  The legislature further declares its 
 policy to create and maintain within the state conditions under 
 which human beings and nature can exist in productive harmony in 
 order that present and future generations may enjoy clean air 
 and water, productive land, and other natural resources with 
 which this state has been endowed.  Accordingly, it is in the 
 public interest to provide an adequate civil remedy to protect 
 air, water, land and other natural resources located within the 
 state from pollution, impairment, or destruction.  

    HIST: 1971 c 952 s 1; 1986 c 444 

     116B.02 Definitions.  

    Subdivision 1.  For purposes of sections 116B.01 to 
 116B.13, the following terms have the meanings given them in 
 this section.  

    Subd. 2.  "Person" means any natural person, any state, 
 municipality or other governmental or political subdivision or 
 other public agency or instrumentality, any public or private 
 corporation, any partnership, firm, association, or other 
 organization, any receiver, trustee, assignee, agent, or other 
 legal representative of any of the foregoing, and any other 
 entity, except a family farm, a family farm corporation or a 
 bona fide farmer corporation.  

    Subd. 3.  "Nonresident individual" means any natural 
 person, or the personal representative of the person, who is not 
 domiciled or residing in the state when suit is commenced.  

    Subd. 4.  Natural resources shall include, but not be 
 limited to, all mineral, animal, botanical, air, water, land, 
 timber, soil, quietude, recreational and historical resources.  
 Scenic and esthetic resources shall also be considered natural 
 resources when owned by any governmental unit or agency.  

    Subd. 5.  "Pollution, impairment or destruction" is any 
 conduct by any person which violates, or is likely to violate, 
 any environmental quality standard, limitation, rule, order, 
 license, stipulation agreement, or permit of the state or any 
 instrumentality, agency, or political subdivision thereof which 
 was issued prior to the date the alleged violation occurred or 
 is likely to occur or any conduct which materially adversely 
 affects or is likely to materially adversely affect the 
 environment; provided that "pollution, impairment or 
 destruction" shall not include conduct which violates, or is 
 likely to violate, any such standard, limitation, rules, order, 
 license, stipulation agreement or permit solely because of the 
 introduction of an odor into the air.  

    Subd. 6.  "Family farm" shall mean any farm owned by a 
 natural person, or one or more natural persons all of whom are 
 related within the third degree of kindred according to the 
 civil law, at least one of whose owners resides on or actively 
 operates said farm.  

    Subd. 7.  "Family farm corporation" means a corporation 
 founded for the purpose of farming and owning agricultural land, 
 in which the majority of the voting stock is held by, and the 
 majority of the stockholders are, members of a family related to 
 each other within the third degree of kindred according to the 
 rules of the civil law, and at least one of whose stockholders 
 is a person residing on or actively operating the farm, and none 
 of whose stockholders are corporations.  

    Subd. 8.  "Bona fide farmer corporation" means an 
 association of two or more natural persons, one of which, if two 
 persons are so associated, or the majority of which, if more 
 than two persons are so associated, reside on, or are actively 
 operating a farm.  

    HIST: 1971 c 952 s 2; 1985 c 248 s 70; 1986 c 444 

     116B.03 Civil actions.  

    Subdivision 1.  Any 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 entity having shareholders, 
 members, partners or employees residing within the state may 
 maintain a civil action in the district court for declaratory or 
 equitable relief in the name of the state of Minnesota against 
 any person, for the protection of the air, water, land, or other 
 natural resources located within the state, whether publicly or 
 privately owned, from pollution, impairment, or destruction; 
 provided, however, that no action shall be allowable hereunder 
 for acts taken by a person on land leased or owned by said 
 person pursuant to a permit or license issued by the owner of 
 the land to said person which do not and can not reasonably be 
 expected to pollute, impair, or destroy any other air, water, 
 land, or other natural resources located within the state; 
 provided further that no action shall be allowable under this 
 section for 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, department of natural resources, department of 
 health or department of agriculture.  

    Subd. 2.  Within seven days after commencing such action, 
 the plaintiff shall cause a copy of the summons and complaint to 
 be served upon the attorney general and the pollution control 
 agency.  Within 21 days after commencing such action, the 
 plaintiff shall cause written notice thereof to be published in 
 a legal newspaper in the county in which suit is commenced, 
 specifying the names of the parties, the designation of the 
 court in which the suit was commenced, the date of filing, the 
 act or acts complained of, and the declaratory or equitable 
 relief requested.  The court may order such additional notice to 
 interested persons as it may deem just and equitable.  

    Subd. 3.  In any action maintained under this section, the 
 attorney general may intervene as a matter of right and may 
 appoint outside counsel where as a result of such intervention 
 the attorney general may represent conflicting or adverse 
 interests.  Other interested parties may be permitted to 
 intervene on such terms as the court may deem just and equitable 
 in order to effectuate the purposes and policies set forth in 
 section 116B.01.  

    Subd. 4.  Except as provided in sections 14.44, 14.63 to 
 14.68, 115.05, 116.07 and 542.03, any action maintained under 
 this section may be brought in any county in which one or more 
 of the defendants reside when the action is begun, or in which 
 the cause of action or some part thereof arose, or in which the 
 conduct which has or is likely to cause such pollution, 
 impairment, or destruction occurred.  If none of the defendants 
 shall reside or be found in the state, the action may be begun 
 and tried in any county which the plaintiff shall designate.  A 
 corporation, other than railroad companies, street railway 
 companies, and street railroad companies whether the motive 
 power is steam, electricity, or other power used by these 
 corporations or companies, also telephone companies, telegraph 
 companies, and all other public service corporations, shall be 
 considered as residing in any county wherein it has an office, 
 resident agency, or business place.  The above enumerated public 
 service corporations shall be considered as residing in any 
 county wherein the cause of action shall arise or in which the 
 conduct which has or is likely to cause pollution, impairment or 
 destruction occurred and wherein any part of its lines of 
 railway, railroad, street railway, street railroad, without 
 regard to the motive power of the railroad, street railway, or 
 street railroad, telegraph or telephone lines or any other 
 public service corporation shall extend, without regard to 
 whether the corporation or company has an office, agent, or 
 business place in the county or not.  

    Subd. 5.  Where any action maintained under this section 
 results in a judgment that a defendant has not violated an 
 environmental quality standard, limitation, rule, order, 
 license, stipulation agreement, or permit promulgated or issued 
 by the pollution control agency, department of natural 
 resources, department of health, or department of agriculture, 
 the judgment shall not in any way estop the agency from 
 relitigating any or all of the same issues with the same or 
 other defendant unless in the prior action the agency was, 
 either initially or by intervention a party.  Where the action 
 results in a judgment that the defendant has violated an 
 environmental quality standard, limitation, rule, order, 
 license, stipulation agreement, or permit promulgated or issued 
 by the pollution control agency, department of natural 
 resources, department of health or department of agriculture the 
 judgment shall be res judicata in favor of the agency in any 
 action the agency might bring against the same defendant.  

    HIST: 1971 c 952 s 3; 1982 c 424 s 130; 1985 c 248 s 70; 1986 
 c 444 

     116B.04 Burden of proof.  

    In any action maintained under section 116B.03, where the 
 subject of the action is conduct governed by any environmental 
 quality standard, limitation, rule, order, license, stipulation 
 agreement, or permit promulgated or issued by the pollution 
 control agency, department of natural resources, department of 
 health, or department of agriculture, whenever the plaintiff 
 shall have made a prima facie showing that the conduct of the 
 defendant violates or is likely to violate said environmental 
 quality standard, limitation, rule, order, license, stipulation 
 agreement, or permit, the defendant may rebut the prima facie 
 showing by the submission of evidence to the contrary; provided, 
 however, that where the environmental quality standards, 
 limitations, rules, orders, licenses, stipulation agreements, or 
 permits of two or more of the aforementioned agencies are 
 inconsistent, the most stringent shall control.  

    In any other action maintained under section 116B.03, 
 whenever the plaintiff shall have made a prima facie showing 
 that the conduct of the defendant has, or is likely to cause the 
 pollution, impairment, or destruction of the air, water, land or 
 other natural resources located within the state, the defendant 
 may rebut the prima facie showing by the submission of evidence 
 to the contrary.  The defendant may also show, by way of an 
 affirmative defense, that there is no feasible and prudent 
 alternative and the conduct at issue is consistent with and 
 reasonably required for promotion of the public health, safety, 
 and welfare in light of 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 constitute a defense hereunder.  

    HIST: 1971 c 952 s 4; 1985 c 248 s 70 

     116B.05 Appointment of referee.  

    The court may appoint a referee, who shall be a 
 disinterested person to take testimony and make a report to the 
 court in any such action.  

    HIST: 1971 c 952 s 5 

     116B.06 Bond.  

    If the court has reasonable grounds to doubt the 
 plaintiff's ability to pay any judgment for costs and 
 disbursements which might be rendered against that plaintiff 
 pursuant to chapter 549, in an action brought under section 
 116B.03, the court may order the plaintiff to post a bond or 
 cash not to exceed $500 to serve as security for such judgment.  

    HIST: 1971 c 952 s 6; 1986 c 444 

     116B.07 Relief.  

    The court may grant declaratory relief, temporary and 
 permanent equitable relief, or may impose such conditions upon a 
 party as are necessary or appropriate to protect the air, water, 
 land or other natural resources located within the state from 
 pollution, impairment, or destruction.  When the court grants 
 temporary equitable relief, it may require the plaintiff to post 
 a bond sufficient to indemnify the defendant for damages 
 suffered because of the temporary relief, if permanent relief is 
 not granted.  

    HIST: 1971 c 952 s 7 

     116B.08 Remittitur.  

    Subdivision 1.  If administrative, licensing, or other 
 similar proceedings are required to determine the legality of 
 the defendants' conduct, the court shall remit the parties to 
 such proceedings.  If administrative, licensing, or other 
 similar proceedings are available to determine the legality of 
 the defendants' conduct, the court may remit the parties to such 
 proceedings.  In so remitting the parties the court may grant 
 temporary equitable relief where appropriate to prevent 
 irreparable injury to the air, water, land or other natural 
 resources located within the state.  In so remitting the parties 
 the court shall retain jurisdiction of the cause pending 
 completion thereof. 

    Subd. 2.  Upon completion of such proceedings, the court 
 shall adjudicate the impact of the defendants' conduct, program, 
 or product on the air, water, land, or other natural resources 
 located within the state in accordance with the preceding 
 sections 116B.02 to 116B.07.  In such adjudication, the court 
 may order that additional evidence be taken to the extent 
 necessary to protect the rights recognized in sections 116B.01 
 to 116B.13.  

    Subd. 3.  Where, as to any such administrative, licensing, 
 or other similar proceedings referred to above, judicial review 
 thereof is available, notwithstanding any other provisions of 
 law to the contrary, the court originally taking jurisdiction 
 shall maintain jurisdiction for purposes of judicial review.  

    Subd. 4.  Nothing in this section shall be applicable to 
 any action maintained under section 116B.10 or to any 
 appropriate administrative proceeding required thereunder.  

    HIST: 1971 c 952 s 8 

     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 

     116B.10 Reviewal of state actions.  

    Subdivision 1.    Civil actions.  As hereinafter 
 provided in this section, 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 may maintain a civil action in the district court for 
 declaratory or equitable relief against the state or any agency 
 or instrumentality thereof where the nature of the action is a 
 challenge to an environmental quality standard, limitation, 
 rule, order, license, stipulation agreement, or permit 
 promulgated or issued by the state or any agency or 
 instrumentality thereof for which the applicable statutory 
 appeal period has elapsed.  

    Subd. 2.    Burden of proof.  In any action maintained 
 under this section the plaintiff shall have the burden of 
 proving that the environmental quality standard, limitation, 
 rule, order, license, stipulation agreement, or permit is 
 inadequate to protect the air, water, land, or other natural 
 resources located within the state from pollution, impairment, 
 or destruction.  The plaintiff shall have the burden of proving 
 the existence of material evidence showing said inadequacy of 
 said environmental quality standard, limitation, rule, order, 
 license, stipulation agreement, or permit.  

    Subd. 3.    Remittitur; judicial review.  In any action 
 maintained under this section the district court, upon a prima 
 facie showing by the plaintiff of those matters specified in 
 subdivision 2, shall remit the parties to the state agency or 
 instrumentality that promulgated the environmental quality 
 standard, limitation, rule, order, license, stipulation 
 agreement, or permit which is the subject of the action, 
 requiring said agency or instrumentality to institute the 
 appropriate administrative proceedings to consider and make 
 findings and an order on those matters specified in subdivision 
 2.  In so remitting the parties, the court may grant temporary 
 equitable relief where appropriate to prevent irreparable injury 
 to the air, water, land, or other natural resources located 
 within the state.  In so remitting the parties, the court shall 
 retain jurisdiction for purposes of judicial review to determine 
 whether the order of the agency is supported by the 
 preponderance of the evidence.  If plaintiff fails to establish 
 said prima facie showing, the court shall dismiss the action and 
 award such costs and disbursements as the court deems 
 appropriate.  

    Subd. 4.    Intervention.  In any action maintained 
 under this section, 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, provided 
 that said person makes timely application to the district court 
 prior to the court's remittance of the action as specified in 
 subdivision 3.  

    Subd. 5.    Venue.  Any action maintained under this 
 section shall be brought in the county in which is located the 
 principal office of the state agency or instrumentality that 
 promulgated the rule, standard, order or permit which is the 
 subject of the action.  

    HIST: 1971 c 952 s 10; 1985 c 248 s 70 

     116B.11 Jurisdiction; serving process.  

    Subdivision 1.  As to any cause of action arising under 
 sections 116B.01 to 116B.13, the district court may exercise 
 personal jurisdiction over any foreign corporation or any 
 nonresident individual in the same manner as if it were a 
 domestic corporation or the individual were a resident of this 
 state.  This section applies if, in person or through an agent, 
 the foreign corporation or nonresident individual: 

    (a) Commits or threatens to commit any act in the state 
 which would impair, pollute or destroy the air, water, land, or 
 other natural resources located within the state, or 

    (b) Commits or threatens to commit any act outside the 
 state which would impair, pollute or destroy the air, water, 
 land, or other natural resources located within the state, or 

    (c) Engages in any other of the activities specified in 
 section 543.19.  

    Subd. 2.  The service of process on any person who is 
 subject to the jurisdiction of the courts of this state, as 
 provided in this section, may be made by personally serving the 
 summons upon the defendant outside this state with the same 
 effect as though the summons had been personally served within 
 this state.  

    Subd. 3.  Only causes of action arising from acts 
 enumerated or referenced in subdivision 1 may be asserted 
 against a defendant in an action in which jurisdiction over the 
 defendant is based upon this section.  

    Subd. 4.  Nothing contained in this section shall limit or 
 affect the right to serve any process in any other manner now or 
 hereafter provided by law or the Minnesota rules of civil 
 procedure.  

    HIST: 1971 c 952 s 11; 1986 c 444 

     116B.12 Rights and remedies nonexclusive.  

    No existing civil or criminal remedy for any wrongful 
 action shall be excluded or impaired by sections 116B.01 to 
 116B.13.  The rights and remedies provided herein shall be in 
 addition to any administrative, regulatory, statutory, or common 
 law rights and remedies now or hereafter available.  

    HIST: 1971 c 952 s 12 

     116B.13 Citation.  

    Sections 116B.01 to 116B.13 may be cited as the "Minnesota 
 Environmental Rights Act."  

    HIST: 1971 c 952 s 14