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MILWAUKEE SEWERAGE COMMISSION v. DNR

No. 81-694.

104 Wis.2d 182 (1981)

311 N.W.2d 677

The SEWERAGE COMMISSION OF The CITY OF MILWAUKEE, Plaintiff-Respondent, v. State of WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Defendant-Respondent, WISCONSIN'S ENVIRONMENTAL DECADE, INC., Appellant.

Court of Appeals of Wisconsin.

Decided September 15, 1981.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Kathleen M. Falk of Madison.

For the defendant-respondent Wisconsin Department of Natural Resources, the cause was submitted on the brief of Bronson C. La Follette, attorney general, and Carl A. Sinderbrand, assistant attorney general.

For the plaintiff-respondent Sewerage Commission of the City of Milwaukee, the cause was submitted on the brief of Michael J. McCabe and James H. Petersen of Milwaukee.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.

GARTZKE, P.J.

Wisconsin's Environmental Decade appeals from an order denying Decade leave to intervene. Because the circuit court did not abuse its discretion, and because no federal or state statute requires citizen participation in state actions to enforce water pollution control laws, we affirm.

The Sewerage Commission of the City of Milwaukee, later joined by the Metropolitan Sewerage Commission of the County...

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