Question: Reserve Mining Co. obtained a permit from the Minnesota Pollution Control Agency to dump wastewater into the nearby Beaver River. The permit specified that no

Reserve Mining Co. obtained a permit from the Minnesota Pollution Control Agency to dump wastewater into the nearby Beaver River. The permit specified that no more than 1 million fibers per liter could be discharged in the company’s wastewater. The agency did not make or file any explanation as to how or why that maximum was selected. Normally, the wastewater that the company generated was kept in a tailings dam with a discharge in the river necessary only in an emergency. Because of a sudden economic downturn, the company foresaw the need to dispose of wastewater in the river and discovered that the discharge it would have to make would likely be between 10 to 15 times the amount of fiber allowed by the permit. Reserve Mining appealed the maximum limitation imposed by the agency. How could Reserve Mining challenge the 1-million-fibers standard? [Reserve Mining Co. v Minnesota Pollution Control Agency, 364 NW2d 411 (Minn App)]

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