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Minn. Court Removes Hurdle For Ethanol Plant

Law360 (December 9, 2010, 6:19 PM EST) -- The Minnesota Court of Appeals has affirmed a lower court's ruling that supported a state agency's refusal to require a full environmental impact statement before approving a proposal to build a large ethanol plant.

In an unpublished opinion handed down Tuesday, the appeals court affirmed a district court's finding that the Minnesota Pollution Control Agency's decision was not "arbitrary and capricious," because the agency had done due diligence by conducting studies, holding public hearings and pushing for safety controls in MinnErgy LLC's proposed plans for the...
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