The DNR attempted to impose further conditions on a pollutant discharge permit without explicit authority from the legislature. GLLF on behalf of intervenors argued that 2011 Act 21 requires explicit authority from the legislature. A circuit court ruled in favor of GLLF.
Why This Case is Important
This was the first case where a court recognized the changes made by the legislature in Act 21 prevented agencies from acting outside the explicitly delegated authority of a statute.
Key Documents
Circuit Court Documents
Outagamie Circuit Court Decision and Order (Dec. 2, 2015)
Great Lakes Legal Foundation Press Release (Nov. 12, 2015)
Great Lakes Legal Foundation Reply Brief (July 27, 2015)
Great Lakes Legal Foundation Opening Brief (April 6, 2015)
Outagamie Circuit Court Hearing Transcript (Nov. 12, 2015)
New Chester Dairy Reply Brief (July 27, 2015)
Clean Wisconsin Response Brief (May 28, 2015)
New Chester Dairy Opening Brief (April 1, 2015)
Court Grants Businesses’ Request to Join Lawsuit to Stop DNR’s Effort to Impose Unlawful Permit Conditions Press Release, Great Lakes Legal Foundation (Feb. 19, 2015)
Great Lakes Legal Foundation Reply Brief to Response Briefs of WDNR and Clean Wisconsin in Opposition to Motion to Intervene (Feb. 2, 2014)
Clean Wisconsin Brief in Opposition to Motion to Intervene (Dec. 19, 2014)
WDNR’s Brief in Opposition to Motion to Intervene (Dec. 4, 2014)
Great Lakes Legal Foundation Brief in Support of Motion to Intervene in New Chester Dairy v. Wisconsin Department of Natural Resources and Clean Wisconsin (Nov. 10, 2014)
Department of Natural Resources is Violating 2011 Act 21 by Imposing Unlawful Conditions for High Capacity Well Permits
