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MINNESOTA v. BNSF RY. CO.

No. 08-CV-6385 (JMR/RLE).

723 F.Supp.2d 1123 (2010)

State of MINNESOTA ex rel. NORTHERN PACIFIC CENTER, INC.; and Northern Pacific Center, Inc. v. BNSF RAILWAY COMPANY.

United States District Court, D. Minnesota.

July 14, 2010.

Attorney(s) appearing for the Case

Curtis D. Smith, Joseph G. Maternowski, Kristin B. Heebner, Moss & Barnett, PA, MPLS, MN, for State of Minnesota, Northern Pacific Center, Inc.

Matthew R. Brodin, Timothy G. Gelinske, Briggs & Morgan, PA MPLS, MN, for BNSF Railway Company.

ORDER

JAMES M. ROSENBAUM, District Judge.

This case presents an unusual, interesting, and unresolved question: Is an admitted polluter, which has, at the direction of a state's environmental protection agency completed environmental remediation, required to perform a subsequent and more stringent remediation if the agency later raises its standards?

Defendant, BNSF Railway Company ("BNSF") once owned and operated a railroad maintenance shop in Brainerd...

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