Court of Appeals of Minnesota December 27, 1994, CX-94-1652 (McGuire v. County of Scott)

OPINION

LANSING, Judge.

A county seeks to raise the affirmative defense of “no feasible and prudent alternative” in an action brought under the Minnesota Environmental Rights Act alleging that a proposed highway project violates a state noise regulation. The district court ruled that the affirmative defense is not available to defendants in actions based on regulation violations, and we affirm.