*Great Lakes Legal Foundation Case
DNR issued several permits to Kinnard Farms which five petitioners subsequently challenged before an administrative law judge. The judge found no basis in law for changing the permits, but ruled DNR needed to amend them anyway to include a limit on the number of animal units and the addition of monitoring wells. This case was accepted by the Supreme Court and the Wisconsin Legislature moved to intervene in the case. The court put the case on hold while it decided the constitutionality of legislative intervention. On July 9, 2020, the Wisconsin Supreme Court ruled in SEIU v. Vos that the legislature could intervene in ongoing ligation. As of March, 2021, all briefs were filed and the case was moving towards oral argument.
Why This Case is Important
The administrative law judge’s holdings conflicts with 2011 Act 21, which unambiguously precludes DNR from imposing conditions on permits without explicit authority to do so.
Key Documents
Wisconsin Legislature Reply Brief (March 24, 2021)
Kinnard Farms Reply Brief (March 24, 2021)
GLLF Amicus Brief (March 24, 2021)
DNR/DOJ Response Brief (March 10, 2021)
Clean Wisconsin Response Brief (March 10, 2021)
Kinnard Farms Opening Brief (February 4, 2021)
Legislature Opening Brief (February 4, 2021)
Supreme Court Order on Motion to Intervene (January 5, 2021)
Supreme Court Order on Briefing Schedule (January 5, 2021)
Supreme Court Order on Intervention-Briefing (May 30, 2019)
Supreme Court Motion to Modify Briefing Schedule & Legislative Intervention
Clean Wisconsin Resp Memo IOT Legislature Petition to Intervene (July 9, 2019)
Leg Supp Resp Memo ISO Legislature Petition to Intervene (July 9, 2019)
DOJ/DNR Resp Memo IOT Legislature Petition to Intervene (July 9, 2019)
Kinnard Farms ISO Legislature Petition to Intervene (June 19, 2019)
Clean Wisconsin Memo IOT Legislature Petition to Intervene (June 19, 2019)
Leg Supp Memo ISO Legislature Petition to Intervene (June 19, 2019)
DOJ/DNR Memo IOT Legislature Petition to Intervene (June 19, 2019)
Clean Wisconsin Motion to Strike Legislature Response (May 20, 2019)
Legislature Response to Petition to Modify (May 13, 2019)
Clean Wisconsin’s Opposition to Legislative Intervention (May 9, 2019)
Clean Wisconsin Response to Motion to Modify Briefing (May 9, 2019)
DOJ/DNR Opposition WI Leg Petition to Intervene (May 6, 2019)
DOJ/DNR Dismissal and Motion to Modify Briefing (May 2, 2019)
Court of Appeals
Court of Appeals Certification to the Supreme Court (January 16, 2019)
Court of Appeals GLLF Amicus Brief (July 16, 2018)
Court of Appeals Kinnard Farm Reply Brief (July 12, 2018)
Court of Appeals DOJ/DNR Reply Brief (July 10, 2018)
Court of Appeals GLLF Motion to File Non-Party Brief (July 9, 2018)
Court of Appeals Clean Wisconsin Response Brief (June 25, 2018)
Court of Appeals DOJ/DNR Opening Brief (May 16, 2018)
DOJ-Clean Wisconsin Settlement Agreement (May 1, 2019)
DHA Findings of Fact, Conclusions of Law and Order (October 29, 2014)