Judge Dismisses Radon Lawsuit: MDH is Implementing Mitigation Licensure

The lawsuit against the Commissioner of Health, concerning the Minnesota Radon Licensing Act (MRLA), was dismissed by a district court judge on February 20, 2020. A copy of the order is attached.

MDH is moving forward with implementing the residential mitigation licensure requirements under the MRLA and its associated rule. In the near future, MDH will provide additional information including deadlines for obtaining licenses and tags, and instructions for how to proceed if you hold a measurement or commercial mitigation license. We will focus on education and compliance assistance in the first year. Education and additional communications will be provided to stakeholders throughout the process.

Mitigation professionals should prepare to obtain a mitigation license

MDH will resume the mitigation licensure program that was stopped in December 2018 due to a temporary  injunction. Mitigation professionals should collect their records, such as certification or course completion and exam passage documents. Professionals that haven’t previously completed courses and exams should complete the initial training courses and pass the exams to be ready to easily apply for licensure.  The complete licensure requirements can be found at MDH’s site (mn.gov/radon), including the NRPP and NRSB courses and exams. Individuals that have a license application submitted or approved by MDH, may be able to update their licenses or applications (once the IT system is updated). Radon professionals and other stakeholders should sign up for our gov delivery at MDH, or check our website periodically for more detailed instructions, updates, and developments.

Lawsuit Summary 

The plaintiffs, Standard Water Control and the Minnesota Association of Radon Professionals, sued the MDH (“defendant”) in the summer of 2018 to stop MDH from enforcing the Minnesota Radon Licensing Act (MRLA). On December 29, 2018, a Ramsey County judge issued a temporary injunction preventing MDH from implementing the licensure requirements for residential mitigation only, but not the other requirements of the law. MDH has successfully implemented the other requirements for licensure, including measurement professional licensure.  

The plaintiffs have the right to appeal the decision. As a result of this latest order, MDH has resumed implementation of the residential mitigation requirements of MRLA that had been “paused” in December 2018.

If you have any questions, please contact the MDH Indoor Air Unit

Minnesota Department of Health
Indoor Air Unit
PO Box 64975
St. Paul, MN 55164-0975
651-201-4601
health.indoorair@state.mn.us
www.health.state.mn.us