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Save Mille Lacs Sportsfishing, Inc., v. Minnesota Department of Natural Resources. MN Administrative Rulemaking
The Minnesota Department of Natural Resources adopted emergency fishing regulations for Mille Lacs Lake, and the appellants challenged those regulations in the Minnesota Court of Appeals. Specifically, appellants argued that the DNR did not specifically address the Preservation provision of the Minnesota Constitution, Article XIII, Section 12.
In affirming the regulation, the Court of Appeals held:
The absence of a citation to or analysis of a relevant constitutional or common-law principle by an administrative agency in the rulemaking process is not grounds for declaring a rule invalid in a pre-enforcement challenge conducted under Minn. Stat. 14.44, et seq., so long as the legal authority authorizing the rule is identified in the notice of rulemaking.
No. A14-0679 (Minn. Ct. App. Feb. 17, 2015).
Please see the original opinion for the court's exact language.
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Richard P. Clem is an attorney and continuing legal education (CLE) provider in Minnesota. He has been in private practice in the Twin Cities for 25 years. He has a J.D., cum laude, from Hamline University School of Law in St. Paul and a B.A. in History from the University of Minnesota. His reported cases include: Asociacion Nacional de Pescadores a Pequena Escala o Artesanales de Colombia v. Dow Quimica de Colombia, 988 F.2d 559, rehearing denied, 5 F.3d 530 (5th Cir. 1993), cert. denied, 510 U.S. 1041 (1994); LaMott v. Apple Valley Health Care Center, 465 N.W.2d 585 (Minn. Ct. App. 1991); Abo el Ela v. State, 468 N.W.2d 580 (Minn. Ct. App. 1991).
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