LRB-4267/1
RCT:kaf:hmh
1997 - 1998 LEGISLATURE
November 14, 1997 - Introduced by Senator Decker. Referred to Committee on
Agriculture and Environmental Resources.
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1Relating to: requesting the attorney general to appear for the state as a party in
2proceedings related to metallic mineral mining.
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Whereas, the senate recognizes that the people of this state have a strong and
4legitimate interest in ensuring that metallic mineral mining operations do not
5damage the natural resources of the state and that the state, under the public trust
6doctrine, has the obligation to protect the interest of the public in navigable waters;
7now, therefore, be it
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8Resolved by the senate, That, under section 165.25 of the statutes, the
9attorney general is requested to appear as a party in interest for the state in any
10administrative or judicial proceedings related to a proposed mine for which a notice
11of intent has been submitted under section 293.31 (1) of the statutes before this
12resolution is adopted, including proceedings related to any of the following:
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(1) Review of the environmental impact statement for the proposed mine.
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(2) The approval or disapproval of a mining permit under section 293.49 of the
15statutes.
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1(3) Modifications to a mining or reclamation plan under section 293.55 of the
2statutes.
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(4) Review of orders of the department of natural resources under subchapter
4IV of chapter 293 of the statutes; and, be it further
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5Resolved, That, in representing the state under this resolution, the attorney
6general is requested to participate as a party for the purpose of ensuring that the
7public's rights and interest in natural resources are adequately protected and to
8appeal, as appropriate, from administrative rulings and decisions of lower courts;
9and, be it further
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10Resolved, That the attorney general is requested to assign attorneys to
11provide representation under this resolution from an organizational unit in the
12department of justice that is different than the unit that provides representation to
13the department of natural resources in environmental matters; and, be it further
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14Resolved, That the senate chief clerk shall transmit a copy of this resolution
15to the attorney general immediately upon adoption of the resolution.
