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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.
History: 1971 c 952 s 4; 1985 c 248 s 70

Official Publication of the State of Minnesota
Revisor of Statutes