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WIS. ENVIRONMENTAL DECADE v. DEPT. NAT. RESOURCES

No. 77-062.

82 Wis.2d 97 (1978)

260 N.W.2d 674

WISCONSIN'S ENVIRONMENTAL DECADE, INC., Plaintiff-Respondent, v. DEPARTMENT OF NATURAL RESOURCES, and another, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided January 3, 1978.

Attorney(s) appearing for the Case

For appellants: Bronson C. La Follette, attorney general, and Steve Wickland, assistant attorney general.

For respondent: Kathleen M. Falk of Madison.

Amicus Curiae: Harry F. Franke, Peter Coe Christianson and Cook & Franke, S. C. of Milwaukee, for The Building Industry Water Quality Task Force.

PER CURIAM.

This case comes before us on a sua sponte order to show cause why the judgment appealed from should not be vacated. The judgment declared that sec. NR 110.05, Wis. Admin. Code (1974), was not validly repealed and new sec. NR 110.05, Wis. Admin. Code (1976), was not validly promulgated on October 1, 1976, because an environmental impact statement was not made pursuant to sec. 1.11, Stats. The judgment also enjoined the Department from applying...

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