CLEAN WISCONSIN v. DEPT. OF NATURAL RES.

No. 2016AP1688.

961 N.W.2d 346 (2021)

2021 WI 71

CLEAN WISCONSIN, INC., Lynda Cochart, Amy Cochart, Roger DeJardin, Sandra Winnemueller and Chad Cochart, Petitioners-Respondents, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent-Appellant, Kinnard Farms, Inc., Intervenor-Co-Appellant, Wisconsin Legislature, Intervenor.

Supreme Court of Wisconsin.

Opinion Filed: July 8, 2021.


Attorney(s) appearing for the Case

For the intervenor-co-appellant, there were briefs filed by Jordan J. Hemaidan , Nancy Cruz , and Michael Best & Friedrich LLP, Madison. There was an oral argument by Jordan J. Hemaidan .

For the intervenor, there were briefs filed by Eric M. McLeod , Kirsten A. Atanasoff , Lisa M Lawless , and Husch Blackwell LLP, Madison and Milwaukee. There was an oral argument by Eric M. McLeod .

For the petitioners-respondents, there was a brief filed by Andrea Gelatt , Rob Lee , and Midwest Environmental Advocates, Madison; with whom on the brief was Evan Feinauer and Clean Wisconsin, Inc., Madison. There was an oral argument by Andrea Gelatt .

For the respondent-appellant, there was a brief filed by Jennifer L. Vandermeuse and Gabe Johnson-Karp assistant attorneys general; with whom on the brief was Joshua L. Kaul , attorney general, Madison. There was an oral argument by Jennifer L. Vandermeuse .

An amicus curiae brief was filed by Ryan J. Owens , Verona.

An amicus curiae brief was filed on behalf of Wisconsin Environmental Health Network by John S. Greene , Madison.

An amicus curiae brief was filed on behalf of Wisconsin Manufacturers and Commerce, Midwest Food Products Association, Wisconsin Cheese Makers Association, Dairy Business Association, Wisconsin Potato and Vegetable Growers Association, Wisconsin Farm Bureau Federation, Wisconsin Paper Council, Wisconsin Corn Growers Association, Wisconsin Dairy Alliance, and Venture Dairy Cooperative by Robert I. Fassbender and Great Lakes Legal Foundation, Madison; with whom on the brief was Luca T. Vebber , Corydon J. Fish , and Wisconsin Manufacturers & Commerce, Madison.

An amicus curiae brief was filed on behalf of Food & Water Watch, Family Farm Defenders, and Sustain Rural Wisconsin Network by Zach Corrigan , Madison.

HAGGEDORN, J., did not participate.


¶1 This case is about whether the Wisconsin Department of Natural Resources (DNR) had the explicit authority to impose an animal unit maximum condition and an off-site groundwater monitoring condition upon a Wisconsin Pollutant Discharge Elimination System (WPDES) permit it reissued to Kinnard Farms, Inc. (Kinnard) for...

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