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MIDWEST STEEL CO. v. DNR

No. 91-1527.

167 Wis.2d 160 (1992)

482 N.W.2d 377

MIDWEST STEEL COMPANY, Petitioner-Respondent, v. Wisconsin DEPARTMENT OF NATURAL RESOURCES, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided February 4, 1992.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Lorraine C. Stoltzfus, assistant attorney general of Madison.

On behalf of the petitioner-respondent, the cause was submitted on the briefs of William Smoler and Alan E. Korpady of Murphy & Desmond, S.C., of Madison.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

The Wisconsin Department of Natural Resources appeals a circuit court order reversing the DNR's decision to deny confidential status to information contained in a report submitted to the DNR by Midwest Steel Company concerning hazardous waste generated and stored by Midwest at its Madison location. The DNR argues that the court erred by interpreting secs. 144.433(2)(b) and 144.70(2)(b), Stats., to require the DNR to grant confidentiality to reports upon certification...

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