Legislature to Intervene in Two Cases of Interest

On April 25th, the Wisconsin Legislature moved to intervene in two cases of particular interest to GLLF: the Hi Cap well litigation and Kinnard Farms. Both cases involve 2011 Wis. Act 21 litigation presently before the Wisconsin Supreme Court. 

The Legislature created a special section in the law for legislative intervention with 2017 Wis. Act 369. The new addition–Wis. Stat. § 803.09(2m)–allows for intervention “when a party to an action challenges in state or federal court the constitutionality of a statute, facially or as applied, challenges a statute as violating or preempted by federal law, or otherwise challenges the construction or validity of a statute, as part of a claim or affirmative defense.” 

Intervention status for the legislature would allow them to join GLLF as intervenors in upholding Act 21 and the permits approved by DNR in Clean Wisconsin v. DNR.