116B.09 INTERVENTION; JUDICIAL REVIEW.
Subdivision 1. Intervention.
Except as otherwise provided in section
, 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. Grounds.
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. Judicial review.
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
and the Administrative Procedure Act.
History: 1971 c 952 s 9