July 18, 2012 An environmental group, The Friends of Boundary Waters Wilderness, is seeking Minnesota Supreme Court review of a June 18, 2012 Minnesota Court of Appeals decision that permitted the construction of a 450 foot cell tower that would be visible form several wilderness lakes in the Boundary Waters Canoe Area (BWCA). The environmental group contends that the Minnesota Court of Appeals misinterpreted the Minnesota Environmental Rights Act when it ruled that the proposed tower would not have a significant impact because it would affect only a small portion of the wilderness.
A copy of the petition filed with the Minnesota Supreme Court is found at: http://www.friends-bwca.org/wp-content/uploads/FINAL-Petition-for-Review-7-12-2012.pdf. Proponents of the tower many file a response to the petition. The Minnesota Supreme Court has the discretion to accept the case for review and order full briefing or deny the petition and let the Minnesota Court of Appeals decision stand. For further background on the case, please visit our previous blog post found at: http://www.enviroattorney.net/blog/?post=173.
Environmental law attorney Joseph Maternowski tracks practices at the Hessian & McKasy firm in Minneapolis in the areas of project siting, due diligence and environmental and natural resources law. For more information on Joe’s background and practice, please visit his You Tube site and watch two videos at: http://www.youtube.com/watch?v=p1Ybc9Acm8k and http://www.youtube.com/watch?v=bJTDvveG0jY.
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