116B.01 PURPOSE. The legislature finds and declares that each person is entitled by right to the protection, preservation, and enhancement of air, water, land, and other natural resources located within the state and that each person has the responsibility to contribute to the protection, preservation, and enhancement thereof. The legislature further declares its policy to […]
116B.02 DEFINITIONS. Subdivision 1. Scope. For purposes of sections 116B.01 to 116B.13, the following terms have the meanings given them in this section. Subd. 2. Person. “Person” means any natural person, any state, municipality or other governmental or political subdivision or other public agency or instrumentality, any public or private corporation, any partnership, firm, association, […]
116B.03 CIVIL ACTIONS. Subdivision 1. Parties. Any person residing within the state; the attorney general; any political subdivision of the state; any instrumentality or agency of the state or of a political subdivision thereof; or any partnership, corporation, association, organization, or other entity having shareholders, members, partners or employees residing within the state may maintain […]
116B.04 BURDEN OF PROOF. (a) In any action maintained under section 116B.03, where the subject of the action is conduct governed by any environmental quality standard, limitation, rule, order, license, stipulation agreement, or permit promulgated or issued by the Pollution Control Agency, Department of Natural Resources, Department of Health, or Department of Agriculture, whenever the […]
116B.05 APPOINTING REFEREE. The court may appoint a referee, who shall be a disinterested person to take testimony and make a report to the court in any such action. History: 1971 c 952 s 5
116B.06 BOND. If the court has reasonable grounds to doubt the plaintiff’s ability to pay any judgment for costs and disbursements which might be rendered against that plaintiff pursuant to chapter 549, in an action brought under section 116B.03, the court may order the plaintiff to post a bond or cash not to exceed $500 […]
116B.07 RELIEF. The court may grant declaratory relief, temporary and permanent equitable relief, or may impose such conditions upon a party as are necessary or appropriate to protect the air, water, land or other natural resources located within the state from pollution, impairment, or destruction. When the court grants temporary equitable relief, it may require […]
116B.08 REMITTITUR. Subdivision 1. When applicable. If administrative, licensing, or other similar proceedings are required to determine the legality of the defendants’ conduct, the court shall remit the parties to such proceedings. If administrative, licensing, or other similar proceedings are available to determine the legality of the defendants’ conduct, the court may remit the parties […]
116B.09 INTERVENTION; JUDICIAL REVIEW. Subdivision 1. Intervention. Except as otherwise provided in section 116B.10, in any administrative, licensing, or other similar proceeding, and in any action for judicial review thereof which is made available by law, any natural person residing within the state, the attorney general, any political subdivision of the state, any instrumentality or […]
116B.10 CIVIL ACTION AGAINST STATE. Subdivision 1. Civil actions. As hereinafter provided in this section, any natural person residing within the state; the attorney general; any political subdivision of the state; any instrumentality or agency of the state or of a political subdivision thereof; or any partnership, corporation, association, organization, or other legal entity having […]
116B.11 LONG-ARM STATUTE; ACTIONS UNDER THIS CHAPTER. Subdivision 1. Personal jurisdiction. As to any cause of action arising under sections 116B.01 to 116B.13, the district court may exercise personal jurisdiction over any foreign corporation or any nonresident individual in the same manner as if it were a domestic corporation or the individual were a resident […]
116B.12 RIGHTS AND REMEDIES NONEXCLUSIVE. No existing civil or criminal remedy for any wrongful action shall be excluded or impaired by sections 116B.01 to 116B.13. The rights and remedies provided herein shall be in addition to any administrative, regulatory, statutory, or common law rights and remedies now or hereafter available. History: 1971 c 952 s […]
116B.13 CITATION. Sections 116B.01 to 116B.13 may be cited as the “Minnesota Environmental Rights Act.” History: 1971 c 952 s 14
