Judge Calls for Minnesota Agency to Complete Further Review of Tire Recycler

Olmsted District Judge Joseph Wieners issued an order requiring the Minnesota Pollution Control Agency to further review some aspects of the environmental assessment completed for the proposed Heartland Energy and Recycling facility in Preston. The decision was made last week.

The order came as the result of a December 2, 2003, summary judgment in which a citizens' group challenged the MPCA's decision not to require an environmental impact statement for the project. In the ruling, Judge Wieners indicated concern that citizens who brought the lawsuit felt they had not received sufficient time to review the environmental assessment of the project.

MPCA Commissioner Sheryl Corrigan states, "We take the concerns raised by Judge Wieners very seriously. Public input on proposed projects is necessary and essential. It is regrettable that citizens felt the review period was inadequate."

In addition, Judge Wieners expressed questions relating to some technical and procedural aspects of the project. Judge Wieners remanded the case back to the MPCA to address the court's questions.

Commissioner Corrigan continues, "The MPCA will proceed with plans to address the questions raised by Judge Wieners. We are currently developing a process and timeline that will help us effectively complete the requirements of the order while providing ample time for public review and comment."

After preparation of responses to the court's questions, a public comment period will be initiated. Finally, the project will go before the MPCA Citizens' Board for additional Findings of Fact and Conclusions of Law regarding the work required by Judge Wieners' order.