ATTORNEY GENERAL: ENVIRONMENTAL PROTECTION DIVISION:

An Inventory of Its Litigation Files at the Minnesota Historical Society

Government Records

OVERVIEW


	Creator:	Minnesota. Attorney General. Environmental Protection Division.
	Title:	Litigation files.
	Dates:	1961-1992.
	Language:	Materials in English.
	Abstract:	Pleadings, briefs, hearing transcripts, reports, depositions, background materials, correspondence, and other material documenting cases involving enforcement of federal and state environmental protection standards and related matters. Most of the cases also involved the participation of the Minnesota Pollution Control Agency [MPCA].
	Quantity:	17.0 cubic feet (15 boxes and 3 partial boxes).
	Location:	See Detailed Description for shelf locations.

The cases concern such issues as the construction and operation of municipal wastewater treatment works, violations of hazardous waste handling and disposal rules, siting and operation of landfills, environmental impacts of construction projects, noise pollution, air pollution, soil contamination and cleanup, the National Audubon Society's attempt to block construction and operation of the Garrison diversion project on the Missouri River basin (1965, 1972-1984), and Northern States Power Company rate increases to recover costs of the cancelled Tyrone nuclear power project.

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ADMINISTRATIVE INFORMATION

Availability:

The collection is open for research use.

Preferred Citation:

[Indicate the cited item and/or series here]. Minnesota. Attorney General. Environmental Protection Division. Litigation Files. Minnesota Historical Society.

See the Chicago Manual of Style for additional examples.

Accession Information:

Accession numbers: 999-53; 991-91; 999-115; 2001-40; 2007-62; 2009-22; 2009-51

Processing Information:

Processing and cataloging of this collection was supported with a Basic Project grant awarded by the National Historical Publications and Records Commission (NHPRC).

Catalog ID number: 001735809

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DETAILED DESCRIPTION


Location
101.I.12.6F	Henning Wastewater Treatment Works files, 1968-1989.
		In March 1971, a Clean Water Act grant was awarded to the City of Henning (Otter Tail County) to construct a Publicly Owned Wastewater Treatment Works [POTW]. Construction costs were shared: United States Environmental Protection Agency, 55% ($127,050); State of Minnesota, 25% ($57,750); City of Henning, 20% ($46,200). The City hired Winston C. Larson and Associates, Inc., Detroit Lakes, to do the design work (later Larson-Peterson and Associates, Inc.). The plans and specifications were approved by Minnesota Pollution Control Agency [MPCA] staff in July 1971 and construction begun in July 1972. Construction contracts were let to Hoffman Brothers, Inc., Atwater (piping, structures and pumping station) and Mid-Minnesota Irrigation Supply, Wadena (irrigation equipment). 1973 tests showed the ponds should be lined with five inches of clay and bentonite to meet allowable seepage standards; which added significantly to the cost. Construction was completed in November 1973. Tests conducted by the MPCA and EPA during 1975/1976 showed the system was leaking badly. In June 1979, the MPCA approved legal action against the designer and contractors for deficient work; to be decided was whether the designers and contractors followed the plans to the exact specifications (thus MPCA standards were too low or approval process too lax) or whether the leakage was due to faulty/deficient construction. The litigation was settled in April 1986 when the defendants agreed to pay $45,000 to the MPCA and the City of Henning to be used as a trust fund for repair of the wastewater treatment plant.
		Attorney general contracts, 1980-1983.
		Barr Engineering Co. report of soil and water quality, November 1980.
		Chronology, 1969-1981.
		Correspondence, 1969-1974, 1979-1989. 5 folders.
		Deposition: Harley Hoffman, April 1983. 2 folders.
		Deposition: Winston Larson, September 1984. 2 folders.
		Deposition: Robert Peterson, May 1983. 2 folders.
		Depositions: Notes, questions, analysis, 1974-1984.
		Expert Witness, William H. McCombs, 1979-1984.
		Monthly operations reports, 1973-April 1979.
		Pleadings 1, Nos. 1-25, 1979-1981.
		Pleadings 2, Nos. 25a-46, 1981-1986.
Location
101.I.12.7B		Reports:
			Stabilization Pond Operation and Maintenance Manual, MPCA, 1975.
			Recommended Design criteria for Stabilization Ponds, July 1980.
		Reports, miscellaneous, 1971-1980.
		Secretary of State documents, 1968-1979.
		Water Pollution Control Commission; Rules, Chapters 14, 15, 22, 1973.
		Production of Documents, PCA-EPA, 1970-1986. 4 folders.
			Nos. 5-50, pages 3000-3175.
			Nos. 70-75, pages 3176-3360.
			Nos. 100-150, pages 3361-3613.
			Nos. 55-65, pages 4000-4166
		Production of Documents, Larson-Peterson. 16 folders.
			Master List, 1968-1976.
			A. Pond seal file, 1973.
			B. Correspondence, 1969-1973.
			C. Reports and maps, 1969-1975.
			D. Design, 1969.
			E. Site, 1970.
			F. Seepage report file, 1968-1976.
			G. Henning inspection, 1972-1975.
			H. Sewage liquid level reports, 1975.
			I. Henning correspondence, 1973-1977.
			J. Estimates, 1970-1973.
			K. Loose documents, 1975-1979.
			L. Payrolls: Weekly statements of compliance, 1972-1973.
			M. Larson-Peterson by-laws and minutes, 1975-1977.
			N. Contract, Larson & Associates and city, 1970.
			O. Plans and specifications, 1972-1983.
		Production of Documents: Hoffman Brothers, 1968-1982. 12 folders.
			Bid prep: Notes, 1979.
			Bids, quoted, bid tabulation, 1972.
			Contracts, change orders, 1972-1973.
			Drawings, 1973.
			Payroll, 1973-1974.
			Correspondence, 1973-1977.
			Plans, 1971.
			Testing reports, 1974.
			Insurance policies, 1972-1974.
			Monthly estimates, 1973-1974.
			Organizational structure, 1968.
			Interrogatories, 1982.
Location
101.I.12.8F		Production of Documents: Hoffman Brothers, 1972-1973. 4 folders.
			Payroll documents I, 1972-1973.
			Invoices I, 1972-1973.
			Invoices II, 1972-1973.
			Invoices III, 1972-1973.
		Henning-Barr contract, 1979-1982. 3 folders and 4 booklets.
			Attorney's notes, 1979-1980.
			Correspondence and memos, 1979-1982.
			Board memos, 1979.
			Proposals from Barr and three other companies, 1979. 4 booklets.
		Publication Statutes (Ms. 115.83), 1973-1983. 3 folders.
			Research-liability-engineers/contractors, 1973-1976.
			Hoffman Brothers, Inc., 1979-1983.
			Winston C. Larson & Associates, 1978-1982.
		Research notes, 1979. 4 folders.
			Acceptance.
			Statute of limitations.
			Successor in interest.
			38 beneficiary.
		Attorney-Client documents, 1970-1986. 6 folders.
			Documents not produced from agency files because privileged, 1979.
			Attorney notes, 1980-1986.
			Attorney client documents, 1978-1979.
			Attorney notes: Discovery requests to MPCA, 1970-1985.
			Documents produced by Twin City Testing, 1973-1980.
			Twin City Testing reports, 1973-1974.
		Attorney notes, 1969-1984. 12 folders.
			Attorney notes and research, 1979-1983. 2 folders.
			Attorney notes: Meetings, 1983.
			Attorney notes: Conversations, 1979-1983.
			Attorney notes: Discovery, 1979.
			Lisa's notes, 1980.
			Strategy, 1979-1980.
			Memoranda, 1977-1984.
			List of persons involved in project, 1969-1972.
			Cost of original project, 1970-1974.
			Evaluation of engineers contracts, 1979.
			Draft documents/notes/discovery, 1979-1982.
Location
101.I.12.9B		Documents with various page numbers, 1968-1986. 10 folders.
			These materials appear to be background files.
			Pages 1-190. 3 folders.
			Pages 610-843. 2 folders.
			Pages 859-1023. 3 folders.
			Pages 1279-1325.
			Pages 6000-6039.
		Settlement discussions, 1978-1985. 6 folders.


		Koppers Company: St. Paul Coke Plant files, 1978-1982.
			From 1917 to 1979 the St. Paul Coke Plant, 1000 North Hamline Ave., released smoke and soot into the air during conversion of soft coal into foundry fuel (coke). In its later years it was operated by Koppers Company, Inc., Pittsburgh, Penn. It ran 24 hours a day and employed around 150 men. Prior to January 1975, air pollution concerns were handled by the St. Paul city air pollution office; after the Minnesota Pollution Control Agency [MPCA] enforced air quality standards. On February 1, 1977, a compliance agreement was signed with Koppers, including a $5,000 fine for past violations. The situation continued to worsen, however. Investigations, reports, and public meetings showed the MPCA's inability to enforce its own standards, so a new stipulation and monitoring agreement was signed in May 1978. Rather than upgrade the plant, Koppers agreed to either close it by April 1981 (it closed in 1979) or forfeit a four million dollar bond as well as risking fines under the impending 1979 Federal Clean Air Act.
			The St. Paul Port Authority purchased the area as part of the Energy Park industrial development. 5,000 cubic yards (circa 250 truckloads) of oil-contaminated soil were removed from the federally qualified superfund cleanup site. Many of these files document the negotiations between Koppers and the Port Authority concerning the clean up.
			Contract for sale of land, 1979-1980.
			Correspondence, 1978-1982. 5 folders.
			Emissions offsets, 1979.
			Housing and Urban Development Agency: UDAG grant agreement, 1980.
			Hydrogeologic Study of the St. Paul Coke Plant Site, by Koppers Company, Inc., November 1979.
			Meetings of January 16 and February 15, 1980. 2 folders.
			Memos, 1979-1982. 2 folders.
			Negotiated Investment Strategy Agreement, December 1979.
			Newspaper clippings, 1978-1979.
			West End Disposal Site Investigation, November 5, 1980.


Location
101.I.12.10F	Garrison Diversion Irrigation Project files, 1965, 1972-1984.
		The Garrison Diversion Unit [GDU], authorized by Congress in 1965, planned for diversion of water from the Missouri drainage basin into the Hudson Bay drainage system, for irrigation of U. S. farmland. On October 22, 1975, under the 1909 Boundary Waters Treaty, Canada and the U. S. referred the matter of the GDU’s potential pollution of boundary waters to the International Joint Commission [IJC]. The IJC, on October 23, 1975, created the International Garrison Diversion Study Board to advise on transboundary implications of the GDU, with a final report by August 15, 1976 (later changed to no later than October 31). The report predicted both adverse impacts and potential benefits and recommended a number of alterations to the GDU.
		In 1976, the National Audubon Society filed suit in U.S. District Court, District of Columbia, to block the project [National Audubon Society, Inc., plaintiff v Cecil D. Andrus, et. al. and State of North Dakota and Garrison Diversion Conservancy District, defendants; AG file No. 77-102-PCA; Civil Court file No. 76-0943]. It halted construction in May 1977, following an out of court settlement that required the Interior Department to complete a final environmental impact study. In 1978, U.S. Interior Secretary Cecil B. Andrus introduced a version that was rejected by all parties. In August 1978, however, the U.S. Senate released $18.6 million for the project; on November 9, the Audubon Society obtained a temporary court injunction freezing the money on the grounds it was released before the final environmental study was completed. In December, the injunction was revoked and the money released.
		These files document the National Audubon Society's suit.
		Pleadings, 1972-1982. 14 folders.
			Pleadings register.
			Pleadings 1, Nos. 1-12, 1976-1977.
			Pleadings 2, Nos. 13-24, 1977.
			Pleadings 3, Nos. 25-42, 1977-1978.
			Pleadings 4, Nos. 43-64, 1978-1979.
			Pleadings 5, Nos. 65-102, 1979.
			Pleadings 6, Nos. 101-120, 1979-1980.
			Pleadings 7, Nos. 121-135, 1979.
			Pleadings 8, Nos. 136-187, 1979-1981.
			Pleadings 9, Nos. 188-208, 1981.
			Pleadings 10, No. 209, 1982.
			Pleadings, North Dakota suit, 1972-1974.
			Pleadings, South Dakota suit, 1974.
Location
101.I.13.1B		Pleadings, in other related lawsuits, 1973-1976.
		Attorney's notes, 1974-1977.
		Attorney General powers, 1975-1977.
		Bureau of Reclamation, land classification, 1975.
		Computer model, 1974-1981. 3 folders.
		Definite plan report, November 1962, Revised December 1965.
		Documents, Nos. 1-17, 1974-1975.
		Freedom of Information Act matters, 1974-1976.
		Legal research, 1975. 3 folders.
		Maps and pamphlets, circa 1975.
Location
101.I.13.2F		Materials sent to Board, 1976-1977.
		MPCA memo on summary judgment (not filed), May 1977.
		North Dakota Water Quality Management Plan, 1975.
		Portions of Oakes LaMoure EIS, 1975.
		Oakes LaMoure EIS: Table 11, 1975.
		Pesticides Study, 1974.
		Souris River Return Flows Report, May 1974.
		Supplement to EIS, FES 74-21, May 1974.
		Reports and miscellaneous information, 1972-1984. 2 folders.


		Northern States Power Company v Public Utilities Commission, 1982. 2 folders.
			By orders of April 30 and June 17, 1981, the Minnesota PUC denies a request by NSP to increase rates to its customers to cover losses arising from the cancelled Tyrone (Wisconsin) nuclear power project, and ordered the company to refund the more than $10 million it had already collected under interim rates. NSP appealed this order in Ramsey County district court (file 452088), which reversed the PUC. The PUC then appealed the reversal to the Minnesota Supreme Court (files 82-1130, 82-1131, and 82-1354). This Attorney General file contains pleadings and briefs relating to both appeals; it does not indicate the outcome of the Supreme Court appeal.


		Ramsey County-New Brighton Regional Park (New Brighton, Minnesota) Development, 1982-1983. 4 folders.
			This case concerns development of a proposed regional park by Ramsey County. The Long Lake Improvement Association, a non-profit group of around 100 families living in the area, asked for an environmental impact statement [EIS] per Minnesota Statutes 116D. On October 20, 1982, the Minnesota Environmental Quality Board rejected the recommendation of the state Hearing Examiner that the City of New Brighton and Ramsey County file an EIS on this project. These files document the legal steps taken by the improvement association to get an EIS; case number EQB-82-004-HK.
			Correspondence, April 1982-March 1983.
			Prefile Testimony, June 1982.
			Pleadings, Nos. 1-16, 1982-1983. 2 folders.


Location
126.E.5.10F	Appleton (city), State v Swift County District Court, C2-88-226, 1988.
		The MPCA alleged that pollutant discharge levels by the city of Appleton violated the National Pollutant Discharge Elimination System [NPDES] permit which was issued to the City Appleton in 1985.
		Correspondence, March 1988-October 1992.
		Pleadings, July 1988-November 1992.


		Badger Construction Equipment, In the matter of the MPCA’s inspection of Badger Construction Equipment Company's facility located at Airport Industrial Park, Airport Road, Winona, Minnesota, Winona County District Court, C-86-919, 1986.
			Concerns the issuance of an administrative search warrant authorizing the MPCA to enter and inspect the Badger Construction Equipment Facility for hazardous waste rule violations. Badger Construction Equipment attempted to deny the search, desiring a court hearing prior to the issuance of a search warrant.
			Correspondence, August 1986-March 1987.
			Pleadings, August 1986.


		Balaton (City), State v Lyon County District Court, C4-89-171, 1989.
			State of Minnesota filed a complaint alleging that the City of Balaton was in violation of the terms and conditions of the National Pollutant Discharge Elimination System [NPDES] and of the rules of the MPCA in the operation of the City of Balaton municipal wastewater treatment facility.
			Correspondence, March 1988-October 1992.
			Pleadings, March 1989.


		Big Stone County Sanitary Landfill, Permit SW-96, 1983-1985.
			Concerns whether the landfill’s permit approved a six acre expansion or whether a certificate of need was necessary for the expansion.
			Correspondence and Permit, August 1983-February 1985.


		Biggins, Bruce v Koochiching County Commissioners, et al., Koochiching County District Court, 36C88242, 1989.
			Bruce Biggins objected to the advisory referendum conducted by the Koochiching County Commissioners on the hazardous waste sitting process. Biggins argued that the Minnesota Statutes reveal no authority for a county to a hold an advisory referendum on the subject.
			Correspondence, September 1988-May 1989.
			Documents, August-December 1988.
			Pleadings, August 1988-May 1989.


		Brown Boveri Turbomachinery, Inc. v Cooper Industries, et al., District Court, Stearns County, C4-87-1440, 1987.
			Concerns the purchase of land in 1978 by Brown Boveri Turbomachinery from the Electricity Machinery Company [EM] in the City of Waite Park. In December 1984 and January 1985, routine testing of municipal waste supplies identified volatile compounds in two municipal water wells located near the site. The well contamination was attributed to the operations of EM and the Turbodyne Corporation. The discovery of contamination brought action by Brown Boveri Turbomachinery against Cooper Industries. Cooper Industries was the defendant because through a complicated series of acquisitions and company mergings, Cooper Industries became responsible for EM, which had dissolved.
			Chronology and correspondence, May-November 1987.
			Documents produced by Cooper Industries, Inc., 1984-1987.
			Pleadings, April-November 1987. 2 folders.


		Cooper Industries, Inc. v MPCA, Ramsey County District Court, [no court file number given], 1987.
			Concerns whether Cooper Industries could be held responsible for the release of hazardous substances by the Electricity Machinery Company [EM] and the Turbodyne Corporation at the EM site in the City of Waite Park [see Brown Boveri Turbomachinery, Inc. v Cooper Industries, above].
			Correspondence, April 1987-September 1989.
			Original Answer and Affidavit, May 13, 1987.
			Pleadings, March 1987-August 1989.


		Cooperative Plating Company, City of St. Paul and State v Ramsey County District Court, 470481, 1988.
			The City of St. Paul alleged the release of hazardous substances by Cooperative Plating Company onto property owned by the city.
			Correspondence and records, March 1986-June 1988.


		Dahlgren, et al., v State, St. Louis County District Court, 8920124, 1990.
			Dahlgren, et al., alleged that the MPCA did not fully and adequately consider environmental impacts when allowing the retail and commercial development of a proposed site, located in Duluth, Minnesota. Dahlgren, et al., argued that the proposed site should undergo an environmental impact statement.
			Correspondence, July 1988-June 1991.
			Pleadings, July 1988-June 1990.


		Delano Granite Inc., United States Bankruptcy Court, District of Minnesota, Bky. No. 4-84-414, 1984.
			Delano Granite, owing investments to Rembrandt Industries, a Minnesota corporation, was forced to declare bankruptcy. In addition, Delano Granite was forced by the MPCA to perform a hazardous waste cleanup on its site in Delano, Minnesota.
			Correspondence and records, April 1984-April 1990.


		Douglas Machine Corporation, Administrative Penalty Order, 1988.
			Douglas Machine Corporation, a plating company located in Alexandria, Minnesota, was found in violation of several hazardous waste regulations during two inspections, one in 1985, the other in 1988.
			Correspondence and records, August-November 1988.


		Fernandez, Kenneth R. and Althea, v The Burlington Northern Railroad, et al., Ramsey County District Court, 491747, 1987-1989.
			Kenneth and Althea Fernandez, residents of 917 Aldine in Saint Paul, adjacent to the Pierce Butler Route, alleged that during 1986, Burlington Northern revised its activities and increased operations with a resulting increase in noise, creating an intolerable condition. The Fernandez’s allege they were forced to move from the area because of the noise generated at the facility.
			Correspondence, October 1987-May 1990.
			Exhibits, Defendants, April-October 1987.
			Exhibits, MPCA, October 1987.
			Exhibits, Plaintiffs, August 1984-April 1989.
			Newspaper Clippings, December 1987 and May 1989.
			Pleadings, March 1987-May 1989.


Location
126.E.6.1B	Hiawatha Avenue (Trunk Highway 55), In the matter of the application of the Minnesota Department of Transportation [MN/DOT] for a variance from Minnesota Rules Parts 7010.0010 to 7010.0080 for the operation of a 5.3 mile reconstruction of Trunk Highway 55 and a 0.4 mile construction of County State Aid Highway 62, Court of Appeals, C5-88-1470, 1988.
		Petitioner was Dwight Brass, a resident in the first row of homes to be affected by the Minnesota Department of Transportation’s reconstruction of Hiawatha Avenue. Brass desired a contested case hearing in regards to MPCA’s granting of a noise variance to MNDOT. He alleged that the noise variance was unlawful and asserted that MPCA should have given personal notice to the homeowners affected by the variance.
		Correspondence, June 1988-March 1989.
		Pleadings, June 1988-March 1989. 2 folders.
		Record Book (meetings, correspondence, reports, plans, maps), February 1987-August 1988.


Location
126.E.5.10F	Lyons Pride Convenience Stores, State v Washington County District Court, C86-4615, 1986.
		Concerns the recovery of costs incurred by the MPCA for the environmental cleanup of a site polluted by gasoline from leaking underground storage tanks owned by Lyons Pride Convenience Stores.
		Correspondence, April-December 1990. 2 folders.
		Pleadings, November 1986-December 1990.


		Lyons Pride Convenience Stores, Transamerica v Washington County District Court, C4-87-1042, 1987.
			Concerns State v Lyons Pride Convenience Stores, above. Insurance company Transamerica argued that Lyons Pride Convenient Stores negligence breached its insurance agreement with Transamerica, making Lyons Pride solely responsible for the payment of all cleanup costs and related fees to the MPCA.
			Insurance policies, 1983-1985.
			Pleadings, February-March 1987.


Location
126.E.6.1B	MacMillan Bloedel, 1990.
		These files document three cases: a) Minnesota Forest Industries, Inc., v MPCA, the MDNR, Aitkin County, Cass County, and Crow Wing County, Minnesota Court of Appeals, C7-90-689, 1990; b) Sierra Club, Project Environment Foundation, and Crow Wing Environment Protection Association, v Minnesota Forest Industries, Inc., v MPCA and the MDNR, District Court, C9-90-2018, 1990; and c) Sierra Club, Project Environment Foundation, and Crow Wing Environment Protection Association, v MPCA and MDNR, Minnesota Court of Appeals, C5-90-416, 1990.
		The cases concern the proposed construction by MacMillan Bloedel of a parallel strand lumber plant in the Town of Irondale, Crow Wing County, Minnesota. Due to environmental concerns, the proposed plant was subject to considerable public review.
		Pleadings, February-August 1990. 4 folders.
		Transcripts of proceedings, March-May 1990.


		Minnesota Plating Labs, Inc., Administrative Penalty Order and Bankruptcy, Bky. No. 3-88-2511, 1988.
			An investigation on October 16, 1985 by the MPCA revealed numerous violations of Minnesota hazardous waste laws by Minnesota Plating Labs, Inc.
			Correspondence, July 1988-March 1990.
			Pleadings, September 1988-December 1989.


		New York (State), et al., v Lee Thomas (administrator of the U.S. EPA), et al., United States District Court for the District of Columbia, Civil Action No. 84-0853, 1984.
			This action involves claims brought by several states, individuals, and environmental organizations including the Sierra Club, Natural Resources Defense Council, National Wildlife Federation and National Audubon Society, against the EPA. The action concerns interstate and international air pollution, focusing on the issue of acid rain. This file only concerns Minnesota's involvement in the case.
			Correspondence and Amicus Curiae of the State of Minnesota, May 1984-December 1986.


Location
126.E.6.2F	Oakdale Disposal Sites/3M, In the Matter of the Minnesota Mining and Manufacturing Company, Administrative Order by Consent and Response Order by Consent, [no court file number given], 1983.
		An investigation conducted by the MPCA in the spring of 1980 indicated that in the 1950s private contractors utilized three sites in the city of Oakdale for the disposal of industrial wastes. The sites are referred to as the Brockman, Abresch, and Eberle sites. The results from the analyses of residential wells indicated nine relatively shallow wells were contaminated with hazardous substances which had been released from the Oakdale disposal sites.
		Board items, November 1980-May 1984.
		Correspondence, June 1980-October 1988. 2 folders.
		Property information and agreements, MNDOT, November 1952-January 1984.
		Property ownership, general, November 1960-July 1983.
			Includes maps.
		Reports, pleadings, and studies, September 1982-July 1983.


		Otter Tail Dump Closure, Administrative Order, 1986.
			Concerns the proper closure of the Otter Tail Dump, located in city of Otter Tail, Otter Tail County, as ordered by the MPCA.
			Correspondence and meetings, August-September 1986.


		Plainview-Elgin Sanitary Sewer, In the Matter of the Petition by the Cities of Plainview and Elgin for the Formation of the Plainview-Elgin Sanitary Sewer District, 1984.
			The cities of Plainview and Elgin petitioned to form a joint sewer district because their existing wastewater treatment facilities were deemed inadequate.
			Correspondence, May 1984-June 1985. 2 folders.
			Exhibits, June-December 1984.


		Quality Tool, State v and State v Everette McAllister (owner of Quality Tool), Ramsey County District Court and Minnesota Court of Appeals, 42830, 42829, and CX-86-1198, 1986.
			The State charged Everette McAllister and Quality Tool, Inc., with one count each of unlawful disposal of hazardous waste.
			Pleadings, January 1986-April 1987.


		Richert, Weldon and Lee Ann, v Washington County, et al., and Washington County, et al., v MPCA and Lake Elmo (City), and Ramsey County and Ramsey County Board of Commissioners v MPCA, Washington County District Court and State Court of Appeals, 53416 and 53607, 1983.
			Concerns groundwater contamination near a closed sanitary landfill site in Lake Elmo in Washington County. The Richerts owned property located near the landfill site. Because of contamination, the Richerts’ private residential well was closed for drinking purposes by the Minnesota Department of Health. The well contamination resulted in the suit against Washington County, et al., by the Richerts.
			Correspondence, July 1970-July 1984.
			Documents obtained from Washington City, March 1970-June 1980.
			Pleadings 1 (for case 53416), April 1983-April 1991. 4 folders.
			Pleadings 2 (for case 53607), August 1983-August 1984.
			Reports, [February-January?] 1983.


		St. Paul Fire and Marine Insurance Company v County of Martin, Gofer Landfill, and MPCA, Martin County District Court, 19243, 1985-1989.
			St. Paul Fire and Marine Insurance Company argued that their policy provides no protection when property loss is caused by the insured’s failure to live up to contract, and in cases when damage is caused by the discharge of pollutants or waste materials.
			Correspondence, May 1985-January 1989.
			Pleadings, May 1985-January 1989.


		Taracorp Industries, Proposed Consent Order, 1980.
			Concerns efforts by the MPCA to minimize lead and particulate air emissions from the Taracorp facility, located in St. Louis Park. The facility was closed by 1982.
			Correspondence, October 1974-May 1982.


		Tonka Main Plant, Response Order by Consent, 1986.
			Concerns hazardous waste violations by the Tonka Main Plant located in the City of Mound, Hennepin County. Tonka is a toy manufacturing company.
			Correspondence and pleadings, May 1986-May 1987.


Location
126.E.6.3B	University of Minnesota and Como Transfer Facility, Request for Denial of a Contested Case Hearing Request and Issuance of a Hazardous Waste Storage Facility Permit to University of Minnesota Como Transfer Facility, Minneapolis, Hennepin County, 1988.
		A hazardous waste storage facility draft permit for the University of Minnesota Como Transfer Facility was placed on public notice on September 28, 1987. The Southeast Como Improvement Association requested a contested case hearing. The MPCA argued the University facility was operating within the requirements established by Minnesota law, and that the hearing should be denied and the permit issued.
		Proceedings, permit, and transfer facility documents, March 1983–April 1988.


		Weber, Alvin v Gerads Development, Crest Ultrasonics Corp, and Allied Chemical Corp., v Lantz Lenses. Inc., Minnesota Supreme Court and Minnesota Court of Appeals, C8-89-33 and C7-89-167, 1989.
			Concerns the death of Troy Weber, age 16, which occurred on the job at Lantz Lenses, Inc., a manufacturer of optical lenses. On September 23, 1986, Troy Weber was killed by exposure to trichlorotrifluorethene (Genesolv), a hazardous chemical utilized in the manufacturing process at the plant.
			Appeals Court Pleadings, 1988-July 1989.
			Correspondence, September 1988-February 1990.
			Correspondence with Lantz Lenses, November 1986-January 1989.
			Supreme Court Briefs, October-December 1989.
			Supreme Court Pleadings, July 1989-February 1990.


		West Concord Tire Dump, Abatement Order by Consent, 1987.
			Regards hazardous waste violations by West Concord Tire Dump, located in the city of West Concord.
			Abatement Order by Consent, September 1987.
			Correspondence, September 1987.


		Western Lake Superior Sanitary District [WLSSD] v Interpace Corporation, et al., and Alan Anderson v WLSSD, District Court, County of St. Louis, 8720465 and 157792, 1988.
			Regards the rupture of the Western Lake Superior Sanitary District sewer line in September 1985, and the resulting well contamination.
			Correspondence, July-November 1988.
			Disposition and exhibits, May 1982-June 1988.
			Pleadings, July 1986-June 1988.


Location
126.E.6.4F	Whittaker Corporation v MPCA, Court of Appeals, C3-85-2277, 1985.
		The Whittaker Corporation site, located at 3134 California Street Northeast, Minneapolis, was alleged to have discharged hazardous materials into the groundwater. To facilitate cleanup, the MPCA authorized a Request for Response Action [RFRA]. In response, the Whittaker Corporation requested a contested case hearing. The MPCA’s failure to provide Whittaker with a contested hearing prompted Whittaker to appeal.
		Board items, April-November 1985.
		Correspondence, October 1976-March 1986. 6 folders.
		MPCA Documentation excluded from Whittaker Record, 1981-1985.
		MPCA Lab Data, August 1983-August 1985.
		Pleadings, December 1985-January 1986. 2 folders.
		Remedial Investigation and Response Action Reports, June 1985. 2 folders.
		Reports (Initial Report, Phase 2 Report, Phase 3 Report), January 1983-August 1984.
		Weekly Progress Reports, January-August 1985.
		Work Plan, April 1985.


Location
126.E.6.5B	Winona (City) v MPCA, Minnesota Court of Appeals, C3-89-70, 1989.
		The City of Winona argued that the issuance of a permit by the MPCA allowing the construction of an incinerator in Winona was negligible in several respects. The City of Winona argued the MPCA erred most notably, 1) in failing to prepare an environmental impact statement for the proposed Winona incinerator, 2) in ignoring the possibility of the City of Winona using the existing LaCrosse incinerator, 3) and denying the City of Winona a contested hearing on the issue of whether to issue a permit for the proposed incinerator.
		Correspondence, December 16, 1988–August 1990.
		Environmental Quality Board Review, December 1988-January 1989.
		Pleadings, January 1989-January 1990. 5 folders.
		Record books (correspondence, meetings, reports) June 1987-January 1989.
			Volumes 1 and 2.
Location
126.E.6.3B			Volume 3.
		Transcripts, 1988. 2 volumes in 1 folder.


Location
126.E.6.6F	Wisconsin v Metropolitan Council, 1976-1984.
		Concerns combined sewer overflow permits for Minneapolis, St. Paul, and South St. Paul and pollution of the Mississippi River.
		Attorney/client documents, 1981.
		Attorney notes, 1980-1984. 2 folders.
		Board items, 1984.
		Correspondence, 1981-1984. 2 folders.
		Governors Conference, July 27, 1984.
		Memoranda, 1981.
		Pleadings register, 1981-1982.
		Pleading Nos. 1-9.
		Pleading Nos. 16 A-B-C (a-c).
Location
118.J.4.5B		Pleading Nos. 16 C (D-L).
		Pleading Nos. 16 C (M-T).
		Pleading Nos. 18-19.
		Pleading No. 20.
		PCA Board meeting transcript, September 25, 1984.
		PCA Work Group, 1983-1984.
		Research, 1976-1979.
		Summary of Findings, Advanced Treatment Facilities of Minneapolis/St. Paul, November 4, 1981.
			Labeled AWT Review.
		Task force, 1983-1984.
		Various documents, January 1977. 2 folders.
		Wisconsin lawsuit, 1979.
		Depositions and exhibits of Mary Kimlinger, Margaret Velky, June 28, 1984.
		PCA documents, June 1984.
		Various documents, September 12, 1984.
		Various documents, October 1984. 3 folders.
			[0.2 cu. ft. empty, legal]


Location
126.E.6.6F	Woodlake Sanitary Service, Inc., Eden Prairie (City) v Hennepin County District Court, 86-2210, 1986.
		On February 6, 1986, the City initiated this lawsuit against Wood Lake Sanitary Services alleging that it had undertaken certain excavation activities without first obtaining an expansion permit from the City. [See also Woodlake Sanitary Services v Willet below.]
		Correspondence, February-July 1986.
		Pleadings, February-July 1986.


Woodlake Sanitary Service, Inc., v Gerald Willet (Commissioner of the MPCA) and Eden Prairie (City), State Court of Appeals, C2-89-1551, C2-90-745, 1989-1990.
	Concerns the proposal of Woodlake Sanitary Services to modify their solid waste permit, allowing for landfill expansion. The landfill is located in the City of Medina in Hennepin County. The proposal was opposed by the City of Eden Prairie and the Homeward Hills Homeowners Association, a neighborhood group. They objected due to environmental reasons, also arguing that the proximity of the landfill to an airport could result in an increase of bird/aircraft collisions.
	Certified Shortened Record Book, February-October 1988.
	Declaratory Judgment on Bird Hazard Rule (case C2-90-745), 1990.
		Briefs, April-June 1990.
		Correspondence, April-October 1990.
		Pleadings, April-October 1990.
	Permit (case C2-89-1551), 1989-1990.
		Board meetings, August 1989.
		Correspondence, May 1989-March 1990.
		Minor modifications, July 1989.
		Pleadings, August-December 1989.


Location
129.D.17.3B	Anoka County:
		City of Fridley and William J. Nee, Individually and as Mayor of Fridley v Minnesota Waste Management Board, 1984.
			Plaintiffs contest the decision of the Waste Management Board to allow a hazardous waste processing facility that would handle heavy metals (cadmium, copper, lead, cyanide, etc.) in that the site was within a mile of the Mississippi River and could threaten the water supply of Minneapolis.
			Pleadings and correspondence, 1984. 2 folders.


	Carver County:
		Access/Electro-Resistivity Litigation, 1983.
			Citizens object to WMB proposal to test their land (its topography, soils, groundwater) via electro-resistivity testing in preparation for a hazardous waste disposal site.
			Mae Bruesehoff, et. al., v Waste Management Board:
				Pleadings Registers, 1983. 7 folders.
				Correspondence, 1983.
			State and WMB v Stiewe, Pleadings, 1983.
			Carver County Board of Commissioners, et.al., v WMB and Robert G. Dunn:
				Discovery pleadings register, 1983.
Location
129.D.17.4F				Pleadings register, 1983. 2 folders.
				Petition for Review under Minnesota Rule of Civil Appellate procedure 105, 1983.


		Marshall County:
			Chronicles attempts of Marshall County citizens to overturn or modify the November 23, 1982 decision of the hearing examiner relating to a hazardous waste disposal facility in Marshall County.
			City of East Grand Forks: Correspondence and pleadings, 1982-1983. 2 folders.
			City of Stephen: Correspondence and pleadings, 1983. 2 folders.
			City of Thief River Falls: Correspondence and pleadings, 1983. 2 folders.
			Consolidation files: Correspondence and pleadings, 1983. 3 folders.


Location
129.D.18.10F	Minnesota v United States Environmental Protection Agency (Nuclear Waste Disposal in Minnesota), 1961-1988 (bulk 1985-1988). 26 folders.
		In the mid-1980s Minnesota was one of several states considered as a site for the second national nuclear waste disposal site. This case centers on Minnesota's request for a review of the United States Environmental Protection Agency’s rules for the management and disposal of spent nuclear fuel. Minnesota felt the rules, particularly in regards to groundwater protection, were arbitrary and capricious. The case reached the United States Court of Appeals which upheld Minnesota's contention in respect to individual and ground water protection requirement (HLW rules, 40 C.F.R. Part 191 (1986) and remanded those rules back to the E.P.A. for further proceedings. The Court of Appeals, however, denied the petitioners’ remaining challenges to the high level waste rules which were part of this case. Continues other litigation files in state archives and supplements other series concerning nuclear power and nuclear waste disposal.
		ALARA/Assurance, 1982-1986.
		Alternative provisions, undated.
		Arbitrary and capricious, 1985-1986.
		Attorneys notes, undated.
		Cases, 1961-1984.
		Certified index, 1986.
		Correspondence, 1985-1988.
		Court rules, undated.
		Draft Environment Impact Statement on 40 CFR 191: Environmental Standards for Management and Disposal of Spent Nuclear Fuel,High-level and transuranic radioactive waste, December 1982.
		Environmental Protection Agency/Department of Energy conferences, 1983-1985.
		Environmental Protection Agency materials, 1985.
		Environmental Protection Agency regulations, 1986.
		Federal Register notice, 1977-1985.
		Issue statements, undated.
		National Resources Defense Council, 1985-1986.
		Record additions, 1985-1986.
		Scientific Advisory Board report, January 1984.
		Special source, 1985-1986.
		Task Force materials, 1985-1986.
		Ten thousand year requirement, undated.
		U.S. Court of Appeals pleadings, Nos. 1-34, 1985-1988. 3 folders.
Location
129.D.17.4F		U.S. Court of Appeals pleadings, Nos. 35-62, 1985-1988. 3 folders.

CATALOG HEADINGS

This collection is indexed under the following headings in the catalog of the Minnesota Historical Society. Researchers desiring materials about related topics, persons or places should search the catalog using these headings.

Topics:: Air -- Pollution -- Minnesota.; Environmental protection -- Minnesota.; Hazardous wastes -- Minnesota.; Land use -- Minnesota.; Noise pollution -- Minnesota.; Nuclear power plants -- Wisconsin.; Sanitary landfills -- Minnesota.; Sewage disposal plants -- Minnesota.; Soil remediation -- Minnesota.; Water diversion -- Middle West.; Water -- Pollution -- Minnesota.; Water quality management -- Mississippi River.

Organizations:: Garrison Diversion Project.; Minnesota Pollution Control Agency.; Minnesota Public Utilities Commission.; National Audubon Society.; Northern States Power Company (Minnesota); United States. Environmental Protection Agency.

Places:: Missouri River Watershed.

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ATTORNEY GENERAL: ENVIRONMENTAL PROTECTION DIVISION:

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CATALOG HEADINGS