The legislature finds and declares that each person is entitled by right to the protection, preservation, and enhancement of air, water, land, and other natural resources located within the state and that each person has the responsibility to contribute to the protection, preservation, and enhancement thereof. The legislature further declares its policy to create and maintain within the state conditions under which human beings and nature can exist in productive harmony in order that present and future generations may enjoy clean air and water, productive land, and other natural resources with which this state has been endowed. Accordingly, it is in the public interest to provide an adequate civil remedy to protect air, water, land and other natural resources located within the state from pollution, impairment, or destruction.
Notes of Decisions
Cited in
31
cases (
1 in the last 5 years), 1976–2024 · leading case:
Werlein v. United States, 746 F. Supp. 887 (D. Minnesota 1990).
Werlein v. United States, 746 F. Supp. 887 (D. Minnesota 1990).
· cites it 6× “, and the Minnesota Environmental Rights Act (“MERA”), Minn. Stat. § 116B.01 et seq. Plaintiffs also assert common law claims based on strict liability for ultrahazardous activity, nuisance, trespass, battery, and intentional and negligent infliction of emotional distress.”
White Bear Rod & Gun Club v. City of Hugo, 388 N.W.2d 739 (Minn. 1986).
· cites it 4× “Minn.Stat. § 116B.01 (1984). The district court makes findings of fact, *744 which on appellate review will not be disturbed unless clearly erroneous.”
Citizens for a Safe Grant v. Lone Oak Sportsmen's Club, Inc., 624 N.W.2d 796 (Minn. Ct. App. 2001).
· cites it 4× “Minnesota has empowered citizens "to protect air, water, land and other natural resources located within the state from pollution, impairment, or destruction" by creating a private cause of action against polluters.”
State Ex Rel. Schaller v. Cnty. of Blue Earth, 563 N.W.2d 260 (Minn. 1997).
· cites it 6× “" Minn. Stat. § 116B.01. The court of appeals premised its adoption of the four-part test in Wacouta on the notion that to do otherwise would "construe MERA as prohibiting virtually all human enterprise.”
SST, INC. v. City of Minneapolis, 288 N.W.2d 225 (Minn. 1979).
· cites it 3× “” Minn.Stat. 116B.01 provides that “ * * * each person is entitled by right to the protection, preservation and enhancement of * * * natural resources located within the state * * Thus, the court has broad discretion under MERA to grant or deny intervention.”
Domtar, Inc. v. Niagara Fire Ins. Co., 533 N.W.2d 25 (Minn. 1995).
· cites it 2× “1979); see also Minnesota Environmental Rights Act, Minn. Stat. § 116B.01 (1994) (proclaiming “it is in the public interest to * * * protect air, water, land and other natural resources located within the state from pollution, impairment, or destruction.”
State Ex Rel. Archabal v. Cnty. of Hennepin, 495 N.W.2d 416 (Minn. 1993).
· cites it 2× “Minn.Stat. § 116B.01 (1992). Under MERA, natural resources are defined to include “all mineral, animal, botanical, air, water, land, timber, soil, quietude, recreational and historical resources.”
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