Court of Appeals Affirms Dismissal of Chamber of Commerce Lawsuit — Keeps Wild Rice Rule

On December 17, 2012, just about two years after the Minnesota Chamber of Commerce filed its lawsuit to prevent enforcement of the wild rice sulfate standard, the Minnesota Court of Appeals affirmed the Chamber’s case.  Court of Appeals Decision — Affirming Dismissal of Chamber Lawsuit.

We won the appeal!

Interestingly, the Court of Appeals dismissed the Chamber’s case  on the grounds that there was no jurisdiction for the Chamber’s claims, which is what I argued on behalf of  WaterLegacy in our motion to dismiss prior to our motion for summary judgment. In simpler terms, the Court ruled that the Chamber didn’t have a legal basis to sue, since there was no specific controversy where the State had tries to enforce the regulation. In general, courts don’t like pre-emptive strikes at rules.

The district court initially denied WaterLegacy’s motion to dismiss the case, so we forged ahead last year with a motion for summary judgment, along with the Attorney General on behalf of the Minnesota Pollution Control Agency.  In our arguments on this motion we proved that the wild rice sulfate standard was legal and constitutional. When the district court ruled against the Chamber in May 2012, the court granted our motions for summary judgment and denied the Chamber’s claims on their merits.

So, now there are two victories. The Court of Appeals has held that the Chamber brought no proper case to challenge the wild rice rule. And the district court previously held that the wild rice rule was proper on its merits.

One procedural victory and one substantive victory. Both dismissing all of the claims made by the Minnesota Chamber of Commerce on behalf of the mining industry. Both serving to preserve and uphold the wild rice sulfate standard. . . Not too shabby.


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One Response to Court of Appeals Affirms Dismissal of Chamber of Commerce Lawsuit — Keeps Wild Rice Rule

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