2018.05.21 CC packet - Laserfiche WebLink

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entered an injunction requiring DNR to, among other things, open and amend all groundwater permits within five miles and require the permit holders to include an enforceable plan to reduce per capita use to limits set by the court, design systems to convert to surface water sources, and implement and enforce a residential watering ban whenever the lake's elevation falls below 923.5 feet. The order also precluded DNR from increasing the volume of or issuing any new permits drawing from the Prairie du Chien and Jordan aquifers within five miles of White Bear Lake until certain conditions are met. DNR filed a post -trial motion to amend the court's judgment. On March 29, 2018 the district court denied DNR's motion to amend. 5. List specific issues proposed to be raised on appeal. I. Whether the non-party municipalities whose permits the district court ordered DNR to modify were necessary parties to the litigation. II. Whether section 3 of MERA allows a party to sue a state agency for issuing a permit the party believes is inadequate to protect the public interest, or whether such claims must be brought pursuant to section 10, which limits the available relief to remanding the challenged permit to the agency for further proceedings. III. Whether MERA requires a state agency to reopen permits to retroactively apply statutes adopted after the permits were issued. IV. Whether the public trust doctrine requires the DNR to refrain from issuing any groundwater permits, even for municipal use, if the permit may have an impact on the elevation of the State's public waters. V. Whether district courts have jurisdiction to amend the terms of a lake's protective elevation set by DNR, or whether review of DNR's decision is limited to a certiorari appeal. VI. Whether the district court's numerous factual errors require reversal of its decision. 6. Related appeals. None. 7. Contents of record. Is a transcript necessary to review the issues on appeal? Yes (X ) No ( ) El