Administrative Law Archives

This page contains all substantive, public administrative law decisions from the past seven years. To request a copy of an older decision, or a decision you believe should be public but cannot find on this page, please submit a data request. To view decisions regarding Municipal Boundary Adjustments, please visit the Boundary Adjustment Reporting System. 

5-2200-41119 In re the Petition of the Upper Midwest Chapter of the Recycled Materials Association Seeking an Order that the Pollution Control Agency is Enforcing or Attempting to Enforce an Unpromulgated Rule

January 15, 2026 - 1. The PCA’s declaration that certain holders of registration permit option D are now subject to site-specific requirements is a policy or pronouncement of general applicability and future effect. Moreover, it does not correspond to the plain meaning of the applicable rules’ plain meaning. Therefore, the declaration is an unpromulgated rule. 2. The PCA must CEASE AND DESIST from requiring current holders of registration permit option D to request new kinds of permits absent one of the permissible determinations under Minn. R. 7007.1110, subp. 16, which is justified in a manner consistent with the entirety of the regulatory scheme in part 7007. 3. Nothing in this Order is intended to prevent the Commissioner’s exercise of emergency powers as delegated and prescribed at Minn. Stat. § 116.11 (2024) or revoking an existing registration permit following the procedures under Minn. R. 7007.1110, subp. 5, and .1700 (2025).

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