Minnesota Statutes

Minn. Stat. § 116B.03 (2026)

Civil Actions

✓ current as of May 2026

Find cases: SyfertCases citing this section MN-REVrevisor.mn.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar

Subdivision 1.Parties.

Any person residing within the state; the attorney general; any political subdivision of the state; any instrumentality or agency of the state or of a political subdivision thereof; or any partnership, corporation, association, organization, or other entity having shareholders, members, partners or employees residing within the state may maintain a civil action in the district court for declaratory or equitable relief in the name of the state of Minnesota against any person, for the protection of the air, water, land, or other natural resources located within the state, whether publicly or privately owned, from pollution, impairment, or destruction; provided, however, that no action shall be allowable hereunder for acts taken by a person on land leased or owned by said person pursuant to a permit or license issued by the owner of the land to said person which do not and can not reasonably be expected to pollute, impair, or destroy any other air, water, land, or other natural resources located within the state; provided further that no action shall be allowable under this section for conduct taken by a person pursuant to any environmental quality standard, limitation, rule, order, license, stipulation agreement or permit issued by the Pollution Control Agency, Department of Natural Resources, Department of Health or Department of Agriculture.

Subd. 2.Service; notice.

Within seven days after commencing such action, the plaintiff shall cause a copy of the summons and complaint to be served upon the attorney general and the Pollution Control Agency. Within 21 days after commencing such action, the plaintiff shall cause written notice thereof to be published in a legal newspaper in the county in which suit is commenced, specifying the names of the parties, the designation of the court in which the suit was commenced, the date of filing, the act or acts complained of, and the declaratory or equitable relief requested. The court may order such additional notice to interested persons as it may deem just and equitable.

Subd. 3.Other parties.

In any action maintained under this section, the attorney general may intervene as a matter of right and may appoint outside counsel where as a result of such intervention the attorney general may represent conflicting or adverse interests. Other interested parties may be permitted to intervene on such terms as the court may deem just and equitable in order to effectuate the purposes and policies set forth in section 116B.01.

Subd. 4.Venue.

Except as provided in sections 14.44, 14.63 to 14.68, 115.05, 116.07, and 542.03, any action maintained under this section may be brought in any county in which one or more of the defendants reside when the action is begun, or in which the cause of action or some part thereof arose, or in which the conduct which has or is likely to cause such pollution, impairment, or destruction occurred. If none of the defendants shall reside or be found in the state, the action may be begun and tried in any county which the plaintiff shall designate. A corporation, other than railroad companies, street railway companies, and street railroad companies whether the motive power is steam, electricity, or other power used by these corporations or companies, also telephone companies, telegraph companies, and all other public service corporations, shall be considered as residing in any county wherein it has an office, resident agency, or business place. The above enumerated public service corporations shall be considered as residing in any county wherein the cause of action shall arise or in which the conduct which has or is likely to cause pollution, impairment, or destruction occurred and wherein any part of its lines of railway, railroad, street railway, street railroad, without regard to the motive power of the railroad, street railway, or street railroad, telegraph or telephone lines or any other public service corporation shall extend, without regard to whether the corporation or company has an office, agent, or business place in the county or not.

Subd. 5.Subsequent actions.

Where any action maintained under this section results in a judgment that a defendant has not violated an environmental quality standard, limitation, rule, order, license, stipulation agreement, or permit promulgated or issued by the Pollution Control Agency, Department of Natural Resources, Department of Health, or Department of Agriculture, the judgment shall not in any way estop the agency from relitigating any or all of the same issues with the same or other defendant unless in the prior action the agency was, either initially or by intervention a party. Where the action results in a judgment that the defendant has violated an environmental quality standard, limitation, rule, order, license, stipulation agreement, or permit promulgated or issued by the Pollution Control Agency, Department of Natural Resources, Department of Health or Department of Agriculture the judgment shall be res judicata in favor of the agency in any action the agency might bring against the same defendant.

Notes of Decisions

Cited in 36 cases (3 in the last 5 years), 1973–2025 · leading case: Werlein v. United States, 746 F. Supp. 887 (D. Minnesota 1990).

Sort: Relevance Newest Treatment

Werlein v. United States, 746 F. Supp. 887 (D. Minnesota 1990). · cites it 6× “Minn.Stat. § 116B.03, subd. 1. Bendel and Erickson argue first that section 116B.”

State ex rel. Swan Lake Area Wildlife Ass'n v. Nicollet Cnty. Bd. of Cnty. Commissioners, 799 N.W.2d 619 (Minn. Ct. App. 2011). · cites it 6× “” Minn.Stat. § 116B.03, subd. 1 (2010). The phrase “pollution, impairment, or destruction” is defined by statute to mean, first, any conduct by any person which violates, or is likely to violate, any environmental quality standard, limitation, rule, order, license, stipulation…”

Cnty. of Dakota (CP 46-06) v. Lakeville, 559 N.W.2d 716 (Minn. Ct. App. 1997). · cites it 6× “3 Minn.Stat. § 116B.03, subd. 1 (1994). Within seven days after commencing such action, the plaintiff shall cause a copy of the summons and complaint to be served upon the attorney general and the pollution control agency.”

Nat'l Audubon Soc'y v. Minnesota Pollution Control Agency, 569 N.W.2d 211 (Minn. Ct. App. 1997). · cites it 4× “In Count TV of the complaint, appellants sought to challenge the MPCA’s decision not to order an EIS pursuant to Minn.Stat. § 116B.03, subd. 1 (1996) (MERA).”

State Ex Rel. Schaller v. Cnty. of Blue Earth, 563 N.W.2d 260 (Minn. 1997). · cites it 4× “" Minn.Stat. § 116B.03, subd. 1. The express legislative purpose behind the civil remedy established in MERA was "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…”

State Ex. Rel. Wacouta Twp. v. Brunkow Hardwood Corp., 510 N.W.2d 27 (Minn. Ct. App. 1993). · cites it 4× “” Minn.Stat. § 116B.03, subd. 1 (1990). The statute further provides that “[pollution, impairment or destruction” includes “any conduct which materially adversely affects or is likely to materially adversely affect the environment.”

Zander v. State, 703 N.W.2d 845 (Minn. Ct. App. 2005). · cites it 12× “” Minn. Stat. § 116B.03, subd. 1 (2004). “Natural resources” under MERA include “all mineral, animal, botanical, air, water, land, timber, soil, quietude, recreational and historical resources.”

Soo Line R.R. Ex Rel. Minnesota v. B.J. Carney & Co., 797 F. Supp. 1472 (D. Minnesota 1992). · cites it 2× “Minn.Stat. § 116B.03. A showing of “pollution, impairment or destruction,” generally may be made showing conduct that materially adversely affects or is likely to materially adversely affect the environment.”

Cnty. of Freeborn by Tuveson v. Bryson, 243 N.W.2d 316 (Minn. 1976). · cites it 2× ““In any other action [not based on violation of administrative regulations or orders] maintained under section 116B.03, whenever the plaintiff shall have made a prima facie showing that the conduct of the defendant has, or is likely to cause the pollution, impairment, or…”

United States v. Reserve Mining Co., 380 F. Supp. 11 (D. Minnesota 1974). · cites it 4× “04 Burden of Proof In any action maintained under section 116B.03, where the subject of the action is conduct governed by any environmental quality standard, limitation, regulation, rule, order, license, stipulation agreement, or permit promulgated or issued by the pollution…”

Kennedy Bldg. Assocs. v. Viacom, Inc., 375 F.3d 731 (8th Cir. 2004). · cites it 6× “Viacom next contends that the injunction entered under MERA, Minn.Stat. § 116B.03, is moot because Viacom has entered a consent order with the Minnesota Pollution Control Agency, in which Viacom agreed to conduct a remedial investigation, submit a feasibility study, develop a…”

State Ex Rel. Swan Lake Area Wildlife Ass'n v. Nicollet Cnty. Bd. of Cnty. Commissioners, 771 N.W.2d 529 (Minn. Ct. App. 2009). · cites it 4× “” Minn.Stat. § 116B.03, subd. 1 (2008). “Persons” against whom MERA actions may be brought include “any natural person, any state, municipality or other governmental or political subdivision or other public agency or instrumentality.”

Show all 36 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.