Act 21 Case Finally Moving Forward

After over a year on hold before the Wisconsin Supreme Court, the case involving the Wisconsin Department of Natural Resources’s Act 21 explicit authority has finally started moving again with another requested briefing on legislative intervention. The court put Clean Wisconsin v. DNR (and its sister case, Kinnard Farms v. DNR) on hold after the Wisconsin Legislature moved to intervene in both cases in April 2019; briefing followed that May. But instead of ruling on it, the court placed the cases on hold to address the constitutionality of legislative intervention in SEIU, Local 1 v. Vos, 2020 WI 67. The court now asks the parties in Clean Wisconsin to brief the court on the status of legislative intervention in light of the SEIU decision.

GLLF represents eight Wisconsin business associations as intervenors in Clean Wisconsin v. DNR and filed an amicus brief on behalf of six business associations in Kinnard Farms. The briefing is due two weeks from July 28th.