Did the MPCA act in an arbitrary and capricious manner when it issued a permit for expansion of a feedlot? EIO, Inc. v. Minnesota Pollution Control Agency, 1998 WL 389079 (Minn. App. 1998)(Unpublished). Pursuant to a dairy feedlot expansion in Wright County, the Minnesota Pollution Control Agency completed an Environmental Assessment Worksheet and, subsequently, determined that an Environmental Impact Statement was not required. EIO, Inc., an entity not further identified, appealed the MPCA determination. The trial court granted summary judgment in favor of the MPCA, and the Court of Appeals affirmed. Reviewing MPCA consideration of groundwater, surface water, odor, land availability and traffic effects, the Court found that the record adequately supported the MPCA determination. Distinguishing the easement case from Trout Unlimited, Inc. v. Minn. Dept. of Agriculture, 528 N.W.2d 903 (Minn. App. 1995), rev. den. (1995), the Court found that any reliance on mitigation measures was sufficiently specific to be considered in the impact assessment.
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