HAASE-HARDIE v. WISCONSIN DNR

No. 2013AP2827.

855 N.W.2d 443 (2014)

2014 WI App 103

Judith HAASE-HARDIE and David L. Jacobs, Petitioners-Appellants, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent-Respondent, Preferred Sands of Wisconsin, LLC, Intervenor-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed September 3, 2014.


Attorney(s) appearing for the Case

On behalf of the petitioners-appellants, the cause was submitted on the briefs of Sarah Williams and James E. Parra of Midwest Environmental Advocates, Inc., Madison.

On behalf of the respondent-respondent, the cause was submitted on the brief of Maura FJ Whelan , assistant attorney general, and J.B. Van Hollen , attorney general.

On behalf of he intervenor-respondent, the cause was submitted on the brief of William H. Harbeck , Peter A. Tomasi and David A. Strifling of Quarles & Brady LLP, Milwaukee.

Before HOOVER, P.J., STARK, J., and THOMAS CANE, Reserve Judge.


STARK, J.

¶ 1 Judith Haase-Hardie and David L. Jacobs (collectively, Haase-Hardie) appeal an order dismissing their petition for judicial review of a decision of the Wisconsin Department of Natural Resources (DNR). The DNR granted Haase-Hardie's petition for a contested case hearing on three issues related to air pollution control permits issued to Preferred Sands of Wisconsin, LLC. However, the DNR refused to grant a contested case hearing on four additional...

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