On May 30, the Wisconsin Supreme Court requested briefing on the intervention standard applicable to the legislature’s request to intervene at the appellate level.
Wisconsin On June 19, the Great Lakes Legal Foundation filed a brief in support of the Wisconsin Legislature’s motion to intervene in Clean Wisconsin, Inc. v. DNR.
The brief emphasizes the importance of flexible intervention standards–especially in situations like the present where the DOJ/DNR flipped sides after previously defending their lawfully granted high capacity well permits.
It also argues that the legislature met the requirements for intervention under Wis. Stat. § 803.09(2m) and that appellate level intervention procedure governs the present litigation.
Both Clean Wisconsin and the DOJ/DNR opposed the Wisconsin Legislature’s motion to intervene. Reply briefs due July 9.