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Expert Analysis

Minn. Feedlot Ruling Reflects Less Deference To Agencies

By Nancy Burke (October 30, 2019, 6:00 PM EDT) -- A proposed large dairy expansion suffered a setback when a Minnesota appellate court effectively legislated that greenhouse gas emissions must be evaluated during environmental review of feedlot projects.[1] In In re Denial of a Contested Case Hearing Request for the Proposed Expansion of Daley Farms of Lewiston, the court reversed a Minnesota Pollution Control Agency, or MPCA, order that no environmental impact statement, or EIS, was required, and invalidated an amended National Pollutant Discharge Elimination System, or NPDES, permit already issued to Daley Farms LLC for its anticipated expansion....

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