Clean Water Action Council of Northeast Wisconsin and National Wildlife Federation v. Department of Natural Resources and Fort James Operating Company (Adjudicatory Hearing)

Clean Water Action Council of Northeastern Wisconsin and the National Wildlife Federation requested an administrative hearing to review certain terms in Fort James’ WPDES permit. Specifically, CWAC and NWF requested review of those terms of the Fort James permit that authorized Fort James to increase its discharges of phosphorus and mercury to a water body that was already impaired by those pollutants. The DNR partially granted CWAC and NWF a hearing on their challenges to the phosphorus limits, insofar as the challenge was based solely on state law. DNR denied CWAC and NWF a hearing on the mercury issue because DNR found that the mercury issue had not been adequately raised during the public comment period.

In April 2006, CWAC and NWF requested Judicial Review in Brown County Circuit Court of the DNR’s decision to deny the permit hearing. Shortly thereafter, Fort James also requested Judicial Review by the Brown County Circuit Court of DNR’s decision to grant the permit hearing, claiming that CWAC and NWF had failed to adequately raise the phosphorus issue during the public comment period and that DNR had erred in granting the entire hearing based on a procedural technicality. The contested case hearing matter was stayed as of June 9, 2006, while the Circuit Court reviewed both requests for review.

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Local Residents Take Action to Restore the Fox River and Green Bay
Press Release from Midwest Environmental Advocates
September 28, 2005