838 N.W.2d 212
Minn. Ct. App.2013Background
- Minnesota DNR held a competitive sale of metallic-mineral leases covering ~63,859 acres (163 mining units); bids were received for ~9,509 acres.
- Leases grant exclusive rights to explore and mine but are subject to state/federal statutes, permitting, and DNR approval of exploration plans; exploration generally requires notice to DNR and surface owners and permits for certain activities.
- Relator Matthew Tyler petitioned for an environmental assessment worksheet (EAW) before the lease sale, asserting potential significant environmental effects; EQB referred the petition to DNR.
- DNR declined to require an EAW, finding the lease sale was not a "project" under MEPA/rules because it lacked definite, site-specific, on-the-ground plans; DNR left the petition open for a limited time and said EAW/EIS could be required later when specific plans emerge.
- Relator sought certiorari review in the Court of Appeals challenging DNR’s refusal to require an EAW; the court stayed executive-council approval pending review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sale of mineral leases is a "project" triggering mandatory environmental review (EAW) | Tyler: Lease sale contemplates physical disturbance and thus is a project requiring an EAW now | DNR: Lease sale is not a definite, site-specific action; future on-the-ground activities are uncertain and require separate approvals | Court: Not a project now; DNR did not err in declining to require an EAW |
Key Cases Cited
- Minnesotans for Responsible Recreation v. Dep’t of Natural Res., 651 N.W.2d 533 (Minn.App. 2002) (defines "project" as definite, site-specific, on-the-ground action requiring environmental review)
- Bob Marshall Alliance v. Hodel, 852 F.2d 1223 (9th Cir. 1988) (federal NEPA cases holding EIS may be required at leasing stage when government cannot later prevent surface-disturbing activities)
- Park Cnty. Res. Council, Inc. v. United States Dep’t of Agric., 817 F.2d 609 (10th Cir. 1987) (no EIS required for oil/gas leases where likelihood and specifics of development were uncertain)
- Eng’g & Constr. Innovations, Inc. v. L.H. Bolduc Co., Inc., 825 N.W.2d 695 (Minn. 2013) (statutory interpretation principle: read statutes as a whole to avoid conflict)