OPINIONS OF THE SUPREME COURT
FILED Wednesday, September 28, 2022
NOTICE - MEDIA RELEASE TIME IS 10:00 A.M.
In the Matter of: Petition of MCEA for Commencement of an Environmental Assessment Worksheet.
Court of Appeals.
Assuming without deciding that the public waters inventory, maintained under Minn. Stat. § 103G.201 (2020), is a final and exhaustive compilation of public waters, the inventory is not conclusive as to the classification of the upper reach of Limbo Creek. The court of appeals, therefore, did not err in applying the statutory definition of “public waters” in Minn. Stat. § 103G.005, subd. 15 (2020), to determine whether the upper reach of Limbo Creek is a public water.
Affirmed. Justice G. Barry Anderson.
Energy Policy Advocates, Respondent, vs. Keith Ellison, in his official capacity as Attorney General, Office of the Attorney General.
Court of Appeals.
1. Minnesota recognizes the common interest doctrine, which applies to prevent the waiver of the attorney client privilege and the work product doctrine.
2. The attorney client privilege may apply to internal communications among attorneys in public law agencies.
3. As classified by the Legislature, “data created, collected and maintained by the Office of the Attorney General” under Minnesota Statutes section 13.65, subdivision 1 (2020), “are private data on individuals,” even if the data do not pertain to natural persons.
Reversed and remanded to the district court. Justice Margaret H. Chutich.
Concurring in part, dissenting in part, Justice Paul C. Thissen, Chief Justice Lorie S. Gildea, Justice G. Barry Anderson.
Christine Marie Fischer, et al., Petitioners, vs. Steve Simon, in his official capacity as Minnesota Secretary of State, Keith Ellison, in his
official capacity as Minnesota Attorney General, Torrey Westrom, current candidate for Senate District 12, Michelle
Knutson, in her official capacity as Big Stone County Auditor, Vicki Doehling, in her official capacity as Douglas County Auditor,
Stephanie Rust, in her official capacity as Pope County Auditor, Randy R. Schreifels, in his official capacity as Stearns
County Auditor, Stephanie Buss, in her official capacity as Stevens County Auditor, Kim Saterbak, in her official
capacity as Swift County Auditor, Respondents.
1. The petition asking the court to order the removal of Torrey Westrom from the November 8, 2022, general election ballot as a candidate for Senate District 12 is denied.
2. Respondent Minnesota Attorney General’s request to be dismissed from this matter is granted.
Chief Justice Lorie S. Gildea.