WIS. HOSP. ASS'N v. NAT. RESOURCES BD.

No. 89-0420.

156 Wis.2d 688 (1990)

457 N.W.2d 879

WISCONSIN HOSPITAL ASSOCIATION, Wisconsin Manufacturers & Commerce, Printing Industries of Wisconsin, Wisconsin Paper Council, United Foundrymen of Wisconsin, and Wisconsin Wood Products Manufacturers, Plaintiffs-Appellants, A. O. SMITH CORPORATION, American Petroleum Institute, Amity Leather Products Company, Berlin Foundry Corporation, Briggs & Stratton Corporation, The Buckstaff Company, Eck Industries, Inc., The Falk Corporation, Freeman Chemical Corporation, General Electric Company, Grede Foundries, Inc., Minnesota Mining & Manufacturing Company, Motor Castings Company, Neenah Foundry Company, Pelton Casteel, Inc., Shawano Community Hospital, and Young Radiator Company, Plaintiffs-Intervenors-Appellants, v. NATURAL RESOURCES BOARD and Department of Natural Resources, Defendants-Respondents, CITIZENS FOR A BETTER ENVIRONMENT, John Muir Chapter-Sierra Club, League of Women Voters, Inc., and Wisconsin's Environmental Decade, Inc., Intervenors-Respondents.

Court of Appeals of Wisconsin.

Decided May 17, 1990.


Attorney(s) appearing for the Case

For the plaintiffs-appellants Wisconsin Hospital Association and plaintiffs-intervenors-appellants Shawano Community Hospital the cause was submitted on briefs of Debra J. Waite, general counsel, of Madison. Oral argument by Jon P. Axelrod of DeWitt, Porter, Huggett, Schumacher & Morgan, S.C.

For the plaintiffs-appellants Wisconsin Manufacturers and Commerce, Wisconsin Paper Council and Wisconsin Wood Products Manufacturers the cause was submitted on briefs of DeWitt, Porter, Huggett, Schumacher & Morgan, S.C., by Jon P. Axelrod and Paul G. Kent, of Madison. Oral argument by Jon P. Axelrod.

For the plaintiffs-appellants Printing Industries of Wisconsin the cause was submitted on briefs of Foley & Lardner by Mark A. Thimke, of Milwaukee. Oral argument by Jon P. Axelrod of DeWitt, Porter, Huggett, Schumacher & Morgan, S.C.

For the plaintiffs-appellants United Foundrymen of Wisconsin the cause was submitted on briefs of Cook & Franke by Pamela H. Schaefer, of Milwaukee. Oral argument by Jon P. Axelrod of DeWitt, Porter, Huggett, Schumacher & Morgan, S.C.

For the plaintiffs-intervenors-appellants American Petroleum Institute the cause was submitted on briefs of Lathrop & Clark by Donald Heaney and Michael J. Lawton, of Madison; and, G. William Frick and Ralph J. Colleli, Jr., of counsel, of Washington, D.C. Oral argument by Donald Heaney.

For the plaintiffs-intervenors-appellants Minnesota Mining & Manufacturing, Inc. the cause was submitted on briefs of Quarles & Brady by Michael S. McCauley, Ralph Topinka and Erica Eisinger, of Madison. Oral argument by Jon P. Axelrod of DeWitt, Porter, Huggett, Schumacher & Morgan, S.C.

For the defendants-respondents Natural Resources Board and Department of Natural Resources the cause was submitted on briefs of Donald J. Hanaway, attorney general, with Mary V. Bowman, assistant attorney general; and, Thomas F. Steidl, Department of Natural Resources Bureau of Legal Services. Oral argument by Mary V. Bowman.

For the intervenors-respondents Citizens for a Better Environment, John Muir Chapter-Sierra Club, League of Women Voters, Inc., and Wisconsin's Environmental Decade, Inc. the cause was submitted on briefs of Susan R. Mudd. Oral argument by Susan R. Mudd.

Before Eich, C.J., Gartzke, P.J., and Dykman, J.


GARTZKE, P.J.

The plaintiffs are hospital and industrial associations and their member business corporations.1 They appeal from an order on summary judgment. The order declares the validity and constitutionality of a state administrative rule entitled "Control of Hazardous Pollutants," Wis. Adm. Code ch. NR 445 (Sept. 1988), and dismisses plaintiffs' claims that the rule is not statutorily authorized...

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