RUSK COUNTY CITIZEN ACTION GROUP, INC. v. DNR

No. 95-3125.

203 Wis.2d 1 (1996)

552 N.W.2d 110

RUSK COUNTY CITIZEN ACTION GROUP, INC., Petitioner-Respondent, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided June 11, 1996.


Attorney(s) appearing for the Case

For the respondent-appellant the cause was submitted on the brief of James E. Doyle, attorney general, and John S. Greene, assistant attorney general.

For the petitioner-respondent the cause was submitted on the brief of Catherine R. Quiggle of Rodli, Beskar, Boles & Krueger, S.C. of River Falls.

Amicus curiae brief was filed by Steven T. Zobbi of Minneapolis, for Wolf River Alliance and Wolf River Territories.

Amicus curiae brief was filed by Anthony S. Earl, Waltraud A. Arts and Sarah E. Coyne of Quarles & Brady of Madison for Wisconsin Manufacturers & Commerce.

Amicus curiae brief was filed by Lawrence Classen of Madison, for Wisconsin's Environmental Decade, Inc.

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


MYSE, J.

The Wisconsin Department of Natural Resources appeals a judgment reversing the DNR's decision that it lacked authority to promulgate a rule banning sulfide mineral mining in Wisconsin as requested in a petition filed by Rusk County Citizen Action Group, Inc. (RCCAG). Because we conclude that the DNR does not have the authority to promulgate a rule banning all sulfide mineral mining in Wisconsin, we reverse the judgment.

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