(concurring specially).
The Federal courts have held already that it was a monumental environmental error to locate the plant at Silver Bay and to allow tailings to be dumped into Lake Superior. Of that there can be no doubt. Although the decision to permit the use of the lake was made 30 years ago, even in the light of knowledge at that time it seems in retrospect an incredible decision. For even in 1947 the State Conservation Department was limiting the use which landowners bordering along lakes and streams could make of their property, and by the 1950’s it was *850extremely difficult for a cottage owner to even get a permit to place some sand on his beach, even one truckload. Yet Reserve was permitted to dump 67,000 tons of waste, amounting to thousands of truckloads, into the king of fresh waters each and every day. Lake Superior was sold 30 years ago — bartered away for dollars and jobs, albeit hundreds of millions of dollars and thousands of jobs.
However, the fact is that Reserve was allowed to build and to use Lake Superior; and cities have since been built, thousands of people employed, and many have invested their lives and fortunes in their communities. All of the parties acknowledge those facts, and that is why it is apparent that no party to this lawsuit has indicated its desire to close down Reserve. The DNR at oral argument said that Reserve should be forced to use Mile Post 20, and if it closes down because it will not use that site, that is a consequence that must be faced. But counsel also added he did not think that such an event would happen and agrees that the result would be horrendous.
No, appellants do not come before us to argue that Reserve should be closed but to argue that Mile Post 20 is a more feasible location for a basin as an alternative to Mile Post 7. They ask that we reverse the district court finding that Mile Post 7 should be utilized. Mile Post 7 would best serve the people — the people who live and work within the area and all the people of this state.
Were the only consideration the extra cost to Reserve in using Mile Post 20 in spite of its threat to shut down if forced to do so, then Mile Post 20 would be the preferable choice. However, cost is only one factor considered by this court, and not the primary factor. The primary reasons compelling a rejection of Mile Post 20 are:
(1) Mile Post 20 would involve the use of lands inside the Superior National Forest, opening up lands never previously exposed to the ravages of mining operations.
(2) Mile Post 20 would entail greater dam construction problems and result in seepage at least four times that contemplated from Mile Post 7.
(3) Some 17 creeks, lakes, and rivers would be involved at Mile Post 20, and only 4 at Mile Post 7.
(4) The headwaters of at least two river systems would be affected at Mile Post 20.
(5) Mile Post 20 would involve 20 miles of rails and pipelines to haul the waste from Silver Bay to the tailings basin in all kinds of weather, summer or winter.
(6) Mile Post 20 would use 327 billion more BTUs of energy each year than Mile Post 7, at a time when energy conservation is an absolutely crucial concern of state and national policy.
(7) The cost and difficulty of monitoring the basin at Mile Post 20 is greater than at Mile Post 7.
(8) The effect on wildlife is at least as great or greater at Mile Post 20 than at Mile Post 7.
(9) The amount of fugitive dust is admittedly as great or greater at Mile Post 20 than.at Mile Post 7. The argument was made, however, that there are fewer people living at Mile Post 20 who would be affected, and the disbursement of the dust in the air would result in lower levels at Silver Bay with the use of Mile Post 20 than if Mile Post 7 were used outside Silver Bay. It seems to me it is hardly a consolation to people living in the Mile Post 20 area to be told that they are less important than people living elsewhere.
(10) The conditions listed in the granting of the permit are sufficient to grant whatever protection to the public health is needed.
(11) If the standards of air quality which are required of Reserve pursuant to the court’s decision cannot be met, it is doubtful any mining operation in northeastern Minnesota could comply with those standards because every such operation involves drilling, blasting, hauling, and crushing.
It is said that Reserve should not be able to dictate its own tailings site. That is hardly the case here. Reserve first proposed to continue to use Lake Superior and to dump its tailings into the deep trough offshore, and not to go to land disposal at *851all. Its second position was if it had to go on land it would use the Palisades site. The company finally was encouraged by administrative agencies of this state to consider Mile Post 7, and, when Reserve finally agreed to do so, very stringent conditions were placed on the use thereof. Following the company’s acceptance of those conditions, it was told that still wasn’t good enough and that it ought to now consider Mile Post 20.
Applying all the factors above set forth, Mile Post 7 is the only selection which is economically and environmentally sound, and which can best protect the health— mental as well as physical — of the people on the North Shore most directly involved. The standard of review to be used by this court is really not an issue in this case. No matter what standard is urged on the court an impartial and reasoned application of the facts requires me to reach the conclusion that there is no substantial evidence to support any finding or recommendation that Mile Post 20 is a feasible site for a tailings basin. However, there is ample evidence to support the finding by the district court that Mile Post 7 is a feasible site.
Not to be discounted is the fact that in 1974 the record shows that the PCA and Reserve were negotiating for the use of Mile Post 7, and terms and conditions were worked out; that as late as the spring of 1976 the PCA director, Peter L. Gove, did not oppose the use of Mile Post 7 but rather considered it acceptable. Mr. Gove’s testimony before the hearing officer is adequate proof of that fact.
Then what is the problem? Why all the dispute over selection of a site? We can only guess, because the record is not clear as to what happened. However, it is possible the agency staff, in attempting to undo what was done 30 years ago, was determined to be overly tough in this case to convince the public how serious Minnesota would be in its new environmental stance. It was easy to select Reserve as a target on this issue because Reserve had shown itself over the past 8 years to be more than willing to enter the courtroom arena and litigate, litigate, and litigate some more. They had, moreover, been found to be polluting the lake, violating the terms of their permit, and even hampering the trial of the issues by withholding vital evidence from the Federal district courts.
But the state cannot be said to be free of fault. Thirty years ago it encouraged Reserve to locate in Minnesota and allowed it to use Lake Superior. Moreover, it has shown the same zeal to litigate as Reserve, and the animosity between the state agencies and Reserve is ill-disguised. It is our duty, however, to ignore the animosities, ignore the mistakes of the past, and attempt to arrive at a reasonable decision today. I think the court has done that.
Just as Reserve is not dictating the terms of its own permit, it cannot be said that the people of northeastern Minnesota should have the sole voice in determining the terms of a permit. However, the latter should have a greater voice in the final decision than either Reserve or people living elsewhere. The people of Silver Bay and of other northeastern Minnesota communities have been joined by labor, industry, and business leaders in a near united front seeking the use of Mile Post 7. Local steelworkers unions at Silver Bay and Babbitt hired their own experts to test the safety of the proposed site and the effect of its operation on its members, and they are satisfied that Mile Post 7 is a feasible site.
Thus, the wishes and desires of the people who work, live, and play in northeastern Minnesota should, if at all reasonable, be given great weight. Moreover, they are the ones who are going to have the plant and tailings basin in their backyard for many years.
It might appear attractive to some that no human life exist in northeastern Minnesota at all, so the area could be used as a playground and a recreational area to come and enjoy and then leave again to enjoy another day. But someone must be there to fight forest fires, pick up garbage and other debris, and pay taxes for the maintenance of the area. Thus, such an ideal is unrealistic.
*852I feel compelled to comment on several other points: The district court indicated that Reserve may have grounds for claiming lack of due process. The years of litigation should point to at least one fact if nothing else — no one was denied due process in all these proceedings.
Reserve, by reason of the conditions of its original permits granted after the hearings in 1947, has polluted the water of Lake Superior, and as a result the water supplies of a number of communities that have drawn their water supplies from the lake have been affected. I believe it to be reasonable to expect that they be found responsible for the cleanup of Lake Superior and the water supplies of the various Minnesota municipalities that draw their water from the lake.
This case should serve as an example to future generations for several lessons:
(1) Man has been a wasteful user of natural resources. He has been the most rapacious animal ever to walk the face of the earth. Greater controls must be exercised in the future in selecting the location for large industrial complexes.
(2) There is an absolute necessity that there be established uniform national air and water quality standards, and that those standards be uniformly enforced throughout the nation to prevent industry from blackmailing one state into lowering its standards with the threat it will move elsewhere if the state fails to comply.
(3) A decision other than that made in this case would not penalize Reserve as much as the public in general. If Reserve left the state, how would the lake cleanup begin? With the taxpayers footing the costs? Reserve is paying a heavy price for its past practices. It is being compelled to spend hundreds of millions of dollars for tailings disposal and to cease the use of Lake Superior as a dumping area. It can be forced to pay damages for any violation of its permits. It has had to accept a site originally strongly opposed by it and has had conditions imposed on its use of Mile Post 7 which are very stringent and will be constantly monitored. The permit is for an initial 5-year period only.
This is the fourth time in the past 5 years that the Reserve problem has been before this court: First in 1972, Reserve Mining Co. v. Minnesota PCA, 294 Minn. 300, 200 N.W.2d 142 (1974); then in the early fall of 1976, over the question of a change of venue; and again later in the year, over the scope of review to be exercised by the trial court. This court has been briefed on the facts in dispute and on the issues raised by all appeals since the initial stages of the appeal from the administrative agencies in the summer of 1976. Due to the time limitations decreed in Federal orders, a large portion of the physical resources of this court has been diverted from our regular calendar to this case for a period of over 9 months so that we would be fully cognizant of all facets of the case prior to oral argument held on April 7 and be able to make an early decision. This court has done all that it can to apply law and reason to find a solution to this long drawn out and acrimonious dispute. In the clouds of smoke generated by all of the litigation, it appears at times that many have forgotten that the objective of getting Reserve out of Lake Superior onto a suitable on-land disposal site is within reach. I believe this decision is consistent with that objective.
MR. CHIEF JUSTICE SHERAN took no part in the consideration or decision of this case.