Minnesota Court of Appeals Requires GHG Emissions Evaluation of Dairy Expansion

In an unpublished decision released in October, the Minnesota Court of Appeals held that the state’s pollution control agency’s denial of an environmental group’s petition to ensure that the agency consider the greenhouse gas emission impacts of a proposed dairy expansion was arbitrary and capricious. The case is nonprecedential, but shows an increase in at least one court’s willingness to consider the argument that even environmental agencies are not properly considering the environmental impacts of animal agriculture.