On April 9, the Supreme Court accepted by-pass certification of the Foundation’s two Clean Wisconsin cases (Hi-cap and Kinnard Farms). Oral arguments for the two cases will be on the same day. The Foundation’s brief in the Hi-cap case, as co-appellant, is due May 9. The Foundation will likely file an amicus brief again in Kinnard.
The cases involve 2011 Wis. Act 21’s requirement that agency mandates be supported by “explicit” statutory authority. The import of the Hi-cap case is heightened because the court will determine how Act 21’s Explicit Authority Doctrine affects sweeping public trust authorities the courts have found in the limitless preamble statutory provisions. It is likely DOJ will not defend DNR’s permits in the Hi-cap case, meaning we, as an intervenor party, we likely stand alone on the key Act 21/public trust issues.