5.2. SR 09-08-1997 - Laserfiche WebLink

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DORSEY & WHITNEY LLP Mr. Stephen Rohlf Page 3 August 13, 1997 comments today as a result of that deadline, it is also objecting to the City's noncompliance with the EQB's publication and distribution rules, and is preserving all legal rights to challenge Elk River's action. Cargill, moreover, is requesting that the comment period by extended so that the company will have time to more adequately respond to the Urban Service EAW. Please advise as to whether this request will be granted. MEPA Requirements The Minnesota Environmental Policy Act (MEPA), Minn. Stat. ch. l16D, sets forth Minnesota's overarching environmental policy and establishes procedures for review of proposed projects to ensure that the policy objectives set forth in the Act are achieved. The EQB is responsible for administering MEPA. EQB's rules provide that MEPA "recognizes that the restoration and maintenance of environmental quality is critically important to our welfare .... A first step to achieving a more harmonious relationship between human activity and the environment is understanding the impact which a proposed project will have on the environment." Minn. Rule 4410.0300, subpt. 3. To further the goals established by MEPA and the EQB, an EAW must "set out the basic facts necessary to determine whether an EIS [environmental impact statement] is required for proposed action." EQB, EAW Guidelines: Guidance and Information for the Preparation of Environmental Assessment Worksheets (1990) [hereafter "EAW Guidelines"] at 3. The EAW also is intended to be used as a guide "in issuing, amending and denying permits and carrying out other responsibilities of governmental units to avoid or minimize adverse environmental effects and to restore and enhance environmental quality." Minn. Rules 4410.0300, subpt. 3. Under MEPA, an EIS is required whenever an EAW shows that a proposed project has the "potential for significant environmental effects. Minn. Rule 4410.2000 (emphasis added). In deciding whether an EAW is adequate within the standards set by MEPA, and in determining whether an EIS will be required for a proposed project, the EQB rules require the responsible governmental unit (RGU) to consider four factors: (a) the extent and reversibility of environmental effects; the cumulative potential effects of related or anticipated future projects;