The Minnesota Court of Appeals reversed and remanded a decision by the City of Faribault to allow Archer Datacenters to construct a new facility without preparation of an environmental impact statement (EIS). The Minnesota Center for Environmental Advocacy (MCEA) argued that the City violated the Minnesota Environmental Policy Act (MEPA) in its review of Archer’s environmental assessment worksheet (EAW), which the City uses to evaluate whether a more exhaustive EIS is necessary. The court determined that MCEA had organizational standing to challenge the City’s decision as well as standing on behalf of its members. In examining the City’s decision not to require an EIS for the project, the court determined that the City did not provide sufficient evidence or reasonable explanation for their analyses of the project’s impact on air quality and noise pollution, its estimated greenhouse gas emissions, or its cumulative potential effects. Regarding greenhouse gas emissions, the court found that the City failed to explain why the project’s estimated emissions in the revised EAW decreased by 98% from the estimate in the draft EAW. The court also rejected the defendants’ argument that when evidence is lacking at the EAW stage, later permitting and regulatory processes could adequately safeguard environmental interests without requiring an EIS prior to approval. The court stated that, since information was unavailable or uncertain, the City could not approve the project and should have either required an EIS that provided the missing information or extended the period for decision by up to 30 days or for another agreed-upon window in order to obtain the information.

Challenge to the City of Faribault's environmental review of a proposed data center proposal.

In re Approving the Findings of Fact and Record of Decision for Archer Datacenters Environmental Assessment Worksheet (EAW) and Negative Declaration Concerning the Need for an Environmental Impact Statement (EIS)

<p>This entry was provided by the Sabin Center for Climate Change Law. Please see the terms of use for citation and licensing of third party data.</p>

Minnesota Court of Appeals Reversed and Remanded Determination that Proposed Data Center Development Could Proceed Without Environmental Impact Statement

Filed

The Climate Litigation Database

Find climate change litigation data and indicators for {text}.

{text} litigation

Sabin Center for Climate Change Law provides Climate Litigation Database, a comprehensive database of US and Global climate change caselaw

Quickly and easily search through the complete text of thousands of climate change law and policy documents from every country.

Search the Climate Litigation Database

An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves activities to move goods and people, alongside the storage of products.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Activities involving the management, development, and sale of property assets.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Minnesota Court of Appeals Reversed and Remanded Determination that Proposed Data Center Development Could Proceed Without Environmental Impact Statement

Risk

Fossil fuel

Greenhouse gas

Economic sector