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METEOR TIMBER v. DIVISION OF HEARINGS

Appeal No. 2020AP1869.

969 N.W.2d 746 (2021)

2022 WI App 5

400 Wis.2d 451

METEOR TIMBER, LLC, Petitioner-Appellant, v. WISCONSIN DIVISION OF HEARINGS AND APPEALS and Wisconsin Department of Natural Resources, Respondents-Respondents. Ho-Chunk Nation and Clean Wisconsin, Interested Parties-Plaintiffs-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed: December 16, 2021.

Attorney(s) appearing for the Case

On behalf of the petitioner-appellant, the cause was submitted on the briefs of G. Richard White and John Robert Behling of Weld Riley, S.C., Eau Claire.

On behalf of the respondents-respondents, the cause was submitted on the brief of Gabe Johnson-Karp , assistant attorney general, and Joshua L. Kaul , attorney general.

On behalf of the interested parties-plaintiffs-respondents, the cause was submitted on the brief of Rob Lee , Rob Lundberg , and Andrea Gelatt of Midwest Environmental Advocates, Madison, and Evan Feinauer of Clean Wisconsin, Inc., Madison.

Before Blanchard, P.J., Kloppenburg, and Fitzpatrick, JJ.

¶1 The Department of Natural Resources (Department) issued to Meteor Timber, LLC, a permit (the permit or the initial permit) and, some months later, an amended permit (the amended permit) allowing Meteor Timber to fill wetlands for purposes of constructing a facility for drying and storing industrial sand and an associated...

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