SIERRA CLUB v. DEPT. OF NATURAL RESOURCES

No. 2006AP2653.

736 N.W.2d 918 (2007)

2007 WI App 181

SIERRA CLUB, Petitioner-Appellant, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Wisconsin Department of Administration and Wisconsin Department of Administration Division of Hearings and Appeals, Respondents-Respondents, Dairyland Power Cooperative and Wisconsin Public Service Corporation, Interested Parties-Respondents.

Court of Appeals of Wisconsin.

June 28, 2007.


Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of David C. Bender of Garvey McNeal & McGillivray, S.C., Madison. There was oral argument by David C. Bender.

On behalf of the respondents-respondents Wisconsin Department of Natural Resources, the cause was orally argued by P. Phillip Peterson, asst. attorney general.

On behalf of the interested parties-respondents, the cause was submitted on the joint brief of Wisconsin Public Service Corporation and Dairyland Power Cooperative of Mark A. Thimke, Linda E. Benefield, G. Michael Halfenger and Leah M. Krider of Foley & Lardner LLP, Milwaukee; Jeffrey L. Landsman and Thomas J. Zaremba of Wheeler, Van Sickle & Anderson, S.C., Madison. There was oral argument by Thomas L. Shriner, Jr.

Before DYKMAN, VERGERONT and HIGGINBOTHAM, JJ.


¶ 1 VERGERONT, J.

This case concerns an air emission permit issued by the Department of Natural Resources (DNR) for the construction of a new electric-generating facility. Sierra Club appeals the circuit court's dismissal of its petition for judicial review of the administrative law judge's order. The circuit court concluded the administrative order was not final because it directed DNR to make certain modifications to the permit that involved the exercise of...

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