Card v. Kandiyohi Cty. Bd. of Com'Rs
| Decision Date | 11 May 2006 |
| Docket Number | No. A04-886.,No. A04-890.,A04-886.,A04-890. |
| Citation | 713 N.W.2d 817 |
| Parties | CITIZENS ADVOCATING RESPONSIBLE DEVELOPMENT, et al., Respondents, v. KANDIYOHI COUNTY BOARD OF COMMISSIONERS, Appellant. (A04-886), Respondent (A04-890), Duininck Bros., Inc., Intervenor (A04-886), Appellant (A04-890). |
| Court | Minnesota Supreme Court |
ANDERSON, PAUL H., Justice.
On July 29, 2003, respondent Kandiyohi County determined that an environmental impact statement (EIS) was not necessary for two gravel pit projects proposed by respondent Duininck Brothers, Inc. Following this determination, appellant Citizens Advocating Responsible Development (CARD), an environmental advocacy group, brought a declaratory judgment action in Kandiyohi County District Court in an effort to overturn the county's determination. CARD moved for summary judgment, which the court granted. The court then ordered that an EIS be completed for the gravel pit projects. The county appealed the decision, and the Minnesota Court of Appeals overturned the district court, concluding that there was substantial evidence supporting the county's decision. Citizens Advocating Responsible Development, et al. v. Kandiyohi County Bd. of Commissioners, 2005 WL 44823 (Minn.App.2005). CARD then sought review by our court, claiming that the requirement under Minn. R. 4410.1700 (2005) that the county review "cumulative potential effects" should be interpreted according to the definition of "cumulative impact" given in Minn. R. 4410.0200 (2005). CARD also argues that the county, with or without the correct cumulative potential effects analysis, did not fulfill its duty to adequately review the proposed projects' potential for causing significant environmental effects when making the EIS determination. We reverse the court of appeals and remand to the county so that it may make a new EIS determination in conformity with this opinion.
Respondent Duininck Brothers, Inc. planned to open two new gravel pits, the Eagle Lake West pit in Dovre Township and the CA pit in Green Lake Township. Both of these townships are located within the county, which contains large gravel deposits and a significant existing gravel mining industry.1 Under the county's zoning laws, gravel mining requires a conditional use permit and is thus subject to environmental review under the Minnesota Environmental Policy Act. Conditional use permits in the county are granted by the county board. The county was also the "Responsible Governmental Unit" (RGU) in charge of conducting the environmental review of Duininck's application required by the Minnesota Environmental Policy Act. See Minn. R. 4410.0500, subp. 2 (2005).
Duininck first applied for a conditional use permit to open the Eagle Lake West pit in 1998. Duininck later withdrew this application for reasons unrelated to this appeal, but resubmitted it in November 2001. The county denied the conditional use permit application on October 15, 2002, after receiving a recommendation to deny from the county planning board. Duininck then filed an application for a conditional use permit to mine a limited part of the proposed CA pit area.2 The county board reviewed this application in December 2002, heard public comments, and ruled that an Environmental Assessment Worksheet (EAW) was required before the conditional use permit could be granted. By March 2003, Duininck had not yet submitted an EAW, so the county board denied the conditional use permit request.
In April 2003, despite having no conditional use permit applications pending, Duininck submitted EAWs for both the Eagle Lake West and the CA pit proposals. In response to the EAWs, several citizens sent letters raising various environmental concerns, the Minnesota Department of Natural Resources (DNR) sent a letter expressing its concern regarding the possible effects on groundwater, and the Minnesota Pollution Control Agency (MPCA) sent a letter regarding its dissatisfaction with the level of detail in the EAW and requesting additional clarification on several of the EAW items. The county followed up by consulting with the Well Division of the Minnesota Department of Health, the Kandiyohi County Director of Environmental Services, and by obtaining responses from Duininck on the areas of environmental concern. After reviewing the accumulated information, the county decided that neither proposal required an EIS.
The record before us contains documents entitled "Supplemental Submittal Response to Public Comments For: Environmental Assessment Worksheet" for the Eagle Lake West and CA pits. These documents appear to be the county's responses to public concerns regarding the environmental effects of the gravel pits and a general explanation of the county's EIS determinations regarding the pits. The record does not contain the minutes of any county board or planning board meeting at which the EIS determination was discussed. After the county declined to order an EIS, Duininck submitted conditional use permit applications for the pits, both of which were granted in November of 2003.
CARD appealed to the district court under Minn.Stat. § 116D.04, subd. 10 (2004), for a declaratory judgment overturning the county's decision. CARD claimed that the county had not fulfilled its obligation to consider and weigh the environmental concerns noted by citizen groups, neighbors, and, to a certain degree, the MPCA and the DNR. These concerns included possible erosion, air pollution, and the insufficiency and inapplicability of the proposed mitigating efforts. CARD also claimed that the county failed to use the correct standard for analyzing the cumulative potential environmental effects of the gravel pit projects, and therefore impermissibly failed to consider whether the proposed gravel pits would have significant environmental effects in light of the fact that there are several other gravel pits in the area.
The district court reversed the county's decision and concluded that an EIS was required. The court found that the county had not sufficiently considered or responded to the environmental concerns raised by CARD, concerned citizens, the MPCA, and the DNR. The court then ordered that an EIS be completed. On appeal, the court of appeals reversed the district court. The court of appeals held that the county's decision was supported by substantial evidence and was not arbitrary or capricious. CARD appealed and we granted review.
CARD alleges that the county did not use the correct meaning for "cumulative potential effects" and thus did not apply the appropriate standard in determining whether the proposed gravel pits had the potential to cause significant environmental effects. More particularly, CARD asserts that when the county made its decision it should have used the "cumulative impact" definition given in Minn. R. 4410.0200 for "cumulative potential effects." We disagree. Our analysis of the framework and language of chapter 4410 leads us to the conclusion that the definition for "cumulative impact" in Minn. R. 4410.0200 does not apply to "cumulative potential effects" as used in Minn. R. 4410.1700.
The Minnesota Environmental Policy Act (MEPA) requires that governmental agencies contemplating taking action (e.g., issuing a conditional use permit) on a proposed project must first consider the project's environmental consequences.3 Minn. Stat. § 116D.04, subds. 1a(d), 2a (2004), Minn. Ctr. for Envtl. Advocacy v. Minn. Pollution Control Agency, 644 N.W.2d 457, 468 (Minn.2002). Chapter 4410 of the Minnesota Rules contains the rules for environmental review enacted by the Environmental Quality Board (EQB) pursuant to Minn.Stat. § 116D.04. There are two main types of environmental review under MEPA's rules: project-specific review, where a proposed project is reviewed to determine whether it has the potential to cause significant environmental effects; and generic review, where review is ordered by the EQB to study types of projects that are not adequately reviewed on a case-by-case basis. See Minn. R. 4410.1000, 4410.3800 (2005).
The processes for project-specific and generic environmental review are different. For both processes, if an initial environmental review is needed, an RGU is designated to handle the review.4 Minn. Stat. 116D.04, subd. 2a(c); Minn. R. 4410.0500 (2005). But with a project-specific review, the RGU first prepares an EAW, which is described in section 116D.04 as "a brief document which is designed to set out the basic facts necessary to determine whether an environmental impact statement is required for a proposed action." Minn.Stat. § 116D.04, subd. 1a(c) (2004); Minn. R. 4410.1000, subp. 1, 4100.0200, subp. 24 (2005). When preparing the EAW, the RGU applies certain criteria laid out in Minn. R. 4410.1700, subp. 7, to determine whether the project has "potential for significant environmental effects." Minn.Stat. § 116D.04, subd. 2a(c) (2004); Minn. R. 4410.1700, subp. 7 (2005). If, after reviewing the EAW, the RGU decides that the project does have the potential for significant environmental effects, the RGU...
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