We granted the petitions of the Minnesota Pollution Control Agency and Northern
In our view, while there are obvious factual distinctions, the question of entitlement to a contested case hearing is governed by our recent decision in
Matter of Air Emission Facility Permit,
Our review of the extensive record developed during the course of the multiple proceedings prior to issuance of the permit leads to the conclusion that the agency decision was supported by the requisite substantial evidence.
Id.
(citing with approval
Reserve Mining Co. v. Herbst,
Because the record demonstrates substantial evidence to support MPCA’s permit decision and because the record does not demonstrate entitlement to a contested case hearing, the decision of the court of appeals is reversed.
Reversed and permit reinstated.
