On July 16, the Great Lakes Legal Foundation filed an amicus brief on behalf of six business associations in Kinnard Farms, Inc. v. DNR. The case involves Act 21 and whether DNR can impose extra-statutory requirements on pollutant discharge permits.
GLLF’s amicus highlighted the importance of explicit delegation in directing agency action. As we noted:
Act 21 created Wis. Stat. § 227.10 (2m) prohibiting administrative agencies from imposing regulatory mandates not explicitly required or allowed by statute or administrative rule. Wis. Stat. §§ 227.11 (2)(a)1. and 2. provide that statutory preambles are not to be used as a regulatory wildcard by agencies (or courts) where explicit statutory authority does not exist. And, Wis. Stat. § 227.11 (2)(a)3. made it clear that statutory standards, requirements and thresholds are ceilings – not floors – to an agency’s authority
