In Re Annandale and the Disconnections Between Minnesota and Federal Agency Deference Doctrine

Abstract

This article explores each of these differences between Annandale’s view of deference and comparable federal authority. Part II begins the discussion with an explanation of the somewhat complicated legal and factual background that gave rise to Annandale’s unusually thorny agency deference issues. This section includes an extended discussion of the Annandale administrative record and the reasoning of the Minnesota Court of Appeals and Minnesota Supreme Court. Part III then critically analyzes the Annandale court’s claims to have acted consistently with federal agency deference case law in each of the three areas discussed above. Part IV concludes with some post-Annandale developments and practical observations for Minnesota administrative law practitioners.

Keywords: administrative law, environmental law, deference to agencies, Carlota Copper, point source permits, Clean Water Act, CWA, National Pollution Discharge Elimination System, NPDES, water pollution, EPA, Environmental Protection Agency, water quality