Tim White v. Minnesota Department Natural

1. This court will not reverse a determination by a responsible government unit (RGU) that no environmental impact statement (EIS) is required for a project because the project does not have the potential for significant environmental effects when the determination is supported by substantial evidence in the administrative record and is not arbitrary and capricious. 2. In reviewing an RGU's determination, based on an alternative form environmental assessment worksheet, that no EIS is required for a project, a court may consider evidence outside the administrative record when (1) the RGU's failure to explain its action frustrates judicial review; (2) additional evidence is necessary to explain technical terms or complex subject matter involved in the RGU's action; (3) the RGU failed to consider information relevant to making its decision; or (4) plaintiffs make a showing that the RGU acted in bad faith.