The Minnesota Supreme Court denied the University of St. Thomas’ appeal Tuesday that would have exempted it from submitting a second Environmental Assessment Worksheet for the Anderson Arena construction.
The university was appealing a Court of Appeals decision from July 8 that held that the original EAW was incomplete and that a revised version must be submitted.
In a statement to The Crest on Oct. 16, St. Thomas Director of Public Relations Bryce Butzer wrote, “The University of St. Thomas is aware of the Minnesota Supreme Court’s decision to deny its petition to appeal and is reviewing the potential impacts of this decision. Last week, the City of St. Paul published an updated Environmental Assessment Worksheet (EAW) for public comment, and that process will continue.”
The city of St. Paul published the university’s September 2024 EAW earlier this month. The new document is three times longer than the June 2023 original.
The university’s September 2024 EAW includes analysis of parking with the new arena in operation. The updated EAW writes that even with a high mitigation, there will be a deficit of at least 200 spaces for a maximum-attendance men’s basketball weekday night event, though this event would only happen “once or twice a year, if at all.”
The city of St. Paul originally did not consider Schoenecker Center — which opened in January 2024 — to be a phased action and St. Thomas did not have to include its environmental impact because it was an “existing condition.”
According to Minnesota Administrative Rules Section 4410.0200 Subsection 60, a phased action is defined as “two or more projects to be undertaken by the same proposer that a RGU (responsible government unit) determines: A. will have environmental effects on the same geographic area; and B. are substantially certain to be undertaken sequentially over a limited period of time.”
In the July appellate court opinion, the ruling stated that “Schoenecker Center was not completed or open for use when the EAW was prepared” and thus should be considered in its new request for an EAW.
In the Minnesota Appellate Courts July 8 decision, the court wrote, “We, therefore, reverse and remand for a new EAW that considers the project and Schoenecker Center to be a phased action.”
The university issued a statement on July 16 disagreeing with the voiding of the original EAW and promising to appeal. At the same time, it said that it was “confident” in its ability to remedy the EAW in the areas addressed by the court.
Advocates for Responsible Development, the organization that filed suit, has been seeking to halt construction of the arena, which has continued since the July 8 ruling.
“If city administrators act responsibly, they will ensure that St. Thomas stops building unless and until there is a valid EAW, approval of a new site plan, and new building permits,” ARD president Daniel Kennedy wrote in a press release Wednesday.
Kevin Lynch can be reached at lync1832@stthomas.edu.
Anya Capistrant-Kinney can be reached at capi2087@stthomas.edu.
Miles Schiffer can be reached at schi9629@stthomas.edu.
Cecilia Wallace contributed to this report.