MERA Glossary: Key Terms & Definitions for Developers and Consultants
MERA Key Terms & Definitions
Administrative Order: A formal, legal document issued by the Minnesota Pollution Control Agency (MPCA) or other relevant state agencies to enforce compliance with the Minnesota Environmental Rights Act (MERA) and related regulations. Administrative orders may require specific corrective actions, impose penalties, or set timelines for addressing violations.[^206]
Ambient Air: The outdoor air or atmosphere, usually external to buildings. The Minnesota Environmental Rights Act (MERA) protects the state's ambient air from pollution, impairment, or destruction.[^104]
Best Management Practices (BMPs): Methods, measures, or practices designed to prevent or reduce environmental impacts, particularly related to water pollution. BMPs may be required as part of permits or environmental management plans under the Minnesota Environmental Rights Act (MERA).[^207]
Citizen Suit: A legal action brought by a private citizen or organization against a person, company, or government agency for violating environmental laws or regulations. The Minnesota Environmental Rights Act (MERA) allows citizen suits to protect the state's natural resources from pollution, impairment, or destruction.[^105]
Declaratory Judgment: A court decision that determines the rights, duties, or obligations of parties under a statute or regulation without ordering any specific action or awarding damages. The Minnesota Environmental Rights Act (MERA) allows courts to issue declaratory judgments in cases involving potential environmental harm.[^107]
Destruction: The elimination, significant alteration, or extraction of natural resources, as defined in the Minnesota Environmental Rights Act (MERA). The Act prohibits the destruction of the state's natural resources unless there is no feasible and prudent alternative.[^104]
Discharge: The release of pollutants, contaminants, or other substances into the environment, particularly into water bodies or the atmosphere. The Minnesota Environmental Rights Act (MERA) prohibits the discharge of pollutants that may cause pollution, impairment, or destruction of the environment.[^101]
Equitable Relief: A court-ordered remedy that requires a party to take specific actions or refrain from certain activities, rather than awarding monetary damages. The Minnesota Environmental Rights Act (MERA) allows courts to grant equitable relief to prevent or mitigate environmental harm.[^107]
Feasible and Prudent Alternative: An alternative course of action that is technically possible, economically viable, and less environmentally damaging than the proposed action. The Minnesota Environmental Rights Act (MERA) requires proof that there is no feasible and prudent alternative before allowing conduct that may cause pollution, impairment, or destruction of natural resources.[^100]
Impairment: A detrimental change in the quality or condition of natural resources, as defined in the Minnesota Environmental Rights Act (MERA). The Act prohibits the impairment of the state's natural resources unless there is no feasible and prudent alternative.[^104]
Natural Resources: Air, water, land, timber, soil, quietude, recreational and historical resources, wildlife, and all other resources belonging to or managed by the state of Minnesota, as defined in the Minnesota Environmental Rights Act (MERA). The Act aims to protect these resources from pollution, impairment, or destruction.[^104]
Notice of Violation (NOV): A formal, written notification issued by the Minnesota Pollution Control Agency (MPCA) or other relevant state agencies to inform a person or entity that they have violated the Minnesota Environmental Rights Act (MERA) or related regulations. An NOV may require corrective actions or set the stage for further enforcement proceedings.[^205]
Person: Any natural person, any state, municipality, or other governmental or political subdivision or other public agency or instrumentality, any public or private corporation, any partnership, firm, association, or other organization, any receiver, trustee, assignee, agent, or other legal representative of any of the foregoing, and any other entity, as defined in the Minnesota Environmental Rights Act (MERA).[^104]
Pollution: Any conduct by any person which violates, or is likely to violate, any environmental quality standard, limitation, rule, order, license, stipulation agreement, or permit of the state or any instrumentality, agency, or political subdivision thereof which was issued prior to the date the alleged violation occurred or is likely to occur or any conduct which materially adversely affects or is likely to materially adversely affect the environment, as defined in the Minnesota Environmental Rights Act (MERA).[^104]
Prima Facie: A legal term meaning "at first sight" or "on its face." In the context of the Minnesota Environmental Rights Act (MERA), a plaintiff must make a prima facie showing that the defendant's conduct has or is likely to cause pollution, impairment, or destruction of the environment to proceed with a civil action.[^106]
Restoration: The process of repairing, rehabilitating, or otherwise returning a damaged or impaired natural resource to its original or a healthier state. The Minnesota Environmental Rights Act (MERA) allows courts to order restoration or rehabilitation of the environment as a form of relief.[^107]
Waste: Any material that is discarded, discharged, abandoned, or otherwise released into the environment in a manner that may cause pollution, impairment, or destruction of natural resources. The Minnesota Environmental Rights Act (MERA) prohibits the improper disposal of waste materials.[^102]
A Note to Our Readers: We hope this guide is a valuable resource in helping you better understand the . However, it's not a substitute for professional advice and doesn't cover every scenario. Always consult with regulatory bodies and professionals for the most current advice and project-specific guidance.