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ENVIRONMENTAL DECADE v. ILHR DEPT.

No. 81-954.

104 Wis.2d 640 (1981)

312 N.W.2d 749

WISCONSIN'S ENVIRONMENTAL DECADE, INC.; Door County Environmental Council, Inc.; The Gibraltar Township Property Owners Association, Inc.; and Lake Michigan Federation, Inc., Petitioners-Respondents, v. DEPARTMENT OF INDUSTRY, LABOR & HUMAN RELATIONS, State of Wisconsin, Appellant.

Supreme Court of Wisconsin.

Decided December 1, 1981.

Attorney(s) appearing for the Case

For the appellant there were briefs by Arvid A. Sather and Michael, Best & Friedrich of Madison, and oral argument by Mr. Sather.

For the respondents there was a joint brief by Kathleen M. Falk, of Madison, for Wisconsin's Environmental Decade, Inc., and Brady C. Williamson and La Follette, Sinykin, Anderson & Munson of Madison, for other respondents, with oral argument by Ms. Falk and Mr. Williamson.

Amicus Curiae brief was filed by Eric Englund of Madison, for Wisconsin Society of Architects and others.

A joint amicus curiae brief was filed by Donald R. Zuidmulder and Cohen, Grant, Zuidmulder, Naze & Gazely, Ltd., of Green Bay, for League of Women Voters of Appleton, and others, and by Peter A. Peshek and Thomas J. Dawson of Madison, for Wisconsin Public Intervenor.

Amicus Curiae brief was filed by David Leo Uelmen, Frederick Perillo and Goldberg, Previant, Uelman, Gratz, Miller, Levy & Brueggeman, S.C., of Milwaukee, for Milwaukee Building and Construction Trades Council.

DAY, J.

This is a review of an order of the circuit court for Dane county, P. CHARLES JONES, presiding.

The issue in this case is whether the Wisconsin Environmental Policy Act (WEPA), sec. 1.11, Stats. 1979, requires the Department of Industry, Labor and Human Relations (DILHR), to take environmental factors into account when reviewing the plans of a building project for code compliance. We conclude that, while WEPA requires DILHR to consider environmental...

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