CLEAN WISCONSIN v. DEPT. OF NATURAL RES.

No. 2018AP59.

961 N.W.2d 611 (2021)

2021 WI 72

CLEAN WISCONSIN, INC. and Pleasant Lake Management District, Petitioners-Respondents, v. WISCONSIN DEPARTMENT OF NATURAL RESOURCES, Respondent-Appellant, Wisconsin Manufacturers & Commerce, Dairy Business Association, Midwest Food Processors Association, Wisconsin Potato & Vegetable Growers Association, Wisconsin Cheese Makers Association, Wisconsin Farm Bureau Federation, Wisconsin Paper Council and Wisconsin Corn Growers Association, Intervenors-Co-Appellants, Wisconsin Legislature, Intervenor.

Supreme Court of Wisconsin.

Opinion Filed: July 8, 2021.


Attorney(s) appearing for the Case

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 intervenors-co-appellants, there were briefs file by Robert I. Fassbender and Great Lakes Legal Foundation, Madison. There was an oral argument by Robert I. Fassbender .

For the petitioners-respondents, there was a brief file by Carl A. Sinderbrand and Axley Brynelson, LLP, Madison. There was an oral argument by Carl Sinderbrand .

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

An amicus curiae brief was filed on behalf of Central Sands Water Action Coalition by Andrea Gelatt , Rob Lundberg , Adam Voskuil , and Midwest Environmental Advocates, Madison.

An amicus curiae brief was filed on behalf of Wisconsin Trout Unlimited, Inc. by Henry E. Koltz and Schmidt, Darling & Erwin, Milwaukee.

DALLET, J., delivered the majority opinion of the Court, in which ZIEGLER, C.J., ANN WALSH BRADLEY, and KAROFSKY, JJ., joined. REBECCA GRASSL BRADLEY, J., filed a dissenting opinion, in which ROGGENSACK, J., joined.


¶1 One of the Department of Natural Resources' (DNR) many responsibilities is to evaluate applications to operate high capacity groundwater wells. For certain wells, the DNR must follow a specific environmental review process before approving the application. For all other wells, that process is not required, although...

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