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GLLF Files Update On Clean Wisconsin v. DNR post-SEIU, Local 1 v. Vos.

On August 11, GLLF filed an update per the July 28, 2020 order from the Wisconsin Supreme Court discussing the status of the certified appeal in Clean Wisconsin v. DNR and the impact of SEIU, Local 1 v. Vos, if any, on the Wisconsin Legislature’s pending motion to intervene.

GLLF wrote:

The issues before the court remain of paramount import to…business associations and their members. The continued confusion over DNR’s authorities under the state’s high capacity well permit enabling statutes, and the implications of 2011 Wis. Act 21 on all regulatory programs, should be resolved sooner rather than later. The court can provide such regulatory certainty through this case. At no time throughout this litigation has such certainty been more needed.

The brief traced the recent history of DNR’s enforcement of the high capacity well program, including Attorney General Kaul’s withdrawal of AG Schimel’s Act 21 opinion and DNR’s recent return to the confusing standards of Lake Beulah Management District v. DNR.

GLLF further argued that the issue of intervention was adequately briefed in response to the court’s May 30, 2019, order. You can read the previous briefing here.

Read the full update.