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SIERRA CLUB v. WISCONSIN DNR

No. 2009AP648.

787 N.W.2d 855 (2010)

2010 WI App 89

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

Court of Appeals of Wisconsin.

Opinion Filed June 24, 2010.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of David C. Bender of McGillivray Westerberg & Bender LLC, Madison.

On behalf of the respondent-respondent Wisconsin Department of Natural Resources, the cause was submitted on the brief of Joanne F. Kloppenburg , assistant attorney general, and J.B. Van Hollen , attorney general.

On behalf of the respondents-respondents Wisconsin Public Service Corporation and Dairyland Power Cooperative, the cause was submitted on the brief of Linda E. Benfield of Foley & Lardner LLP, Milwaukee; Charles M. Gering of Foley & Lardner LLP, Chicago, Illinois; and Jeffrey L. Landsman of Wheeler, Van Sickle, & Anderson, S.C., Madison.

Before DYKMAN, P.J., VERGERONT and HIGGINBOTHAM, JJ.

HIGGINBOTHAM, J.

¶ 1 This case involves a dispute over an air pollution permit for the construction of a coal-fired power plant in Marathon County. The Wisconsin Department of Natural Resources (DNR) issued the air pollution permit to Wisconsin Public Service Corporation and Dairyland Power Cooperative (collectively, WPSC) for the Weston Generating Station Unit 4 power plant (Weston 4). Sierra Club appeals the circuit court's decision affirming the DNR's "best...

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