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Closed Case

*Kinnard Farms, Inc. v. DNR – Act 21 Explicit Authority

Regulatory Certainty

*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

Court:

Appeal No.:

Stage:

Closed

Our Involvement:

Amicus
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