2006 Minnesota Statutes

115A.30 JUDICIAL REVIEW.
Any civil action maintained by or against the Pollution Control Agency under sections
115A.18 to 115A.30 shall 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 sections 115A.18 to 115A.30 may 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 sections 14.63 to 14.69. No civil action shall be
maintained pursuant to section 116B.03 with 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 sections 115A.18 to 115A.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 sections 115A.18 to 115A.30 after the period for appeal under this section has lapsed, the
plaintiff shall have the burden of proving that the evidence required under section 116B.10 was
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.
History: 1980 c 564 art 3 s 13; 1982 c 424 s 130; 1983 c 373 s 37; 1985 c 248 s 70; 1987 c
384 art 2 s 1; 1989 c 335 art 1 s 269; 1Sp2005 c 1 art 2 s 161