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Clean Water Action Council of Northeast Wisconsin and National Wildlife Federation v. Department of Natural Resources and Fort James Operating Company (Court of Appeals)
On March 26, 2007, MEA filed the Petitioners-Appellants Initial Brief with the Court of Appeals. Fort James filed their response on April 2007 and MEA filed the final Reply in the matter on May 10, 2007. UPDATE! On January 15, 2008, the Court of Appeals found in CWAC’s favor, reversing the Circuit Court’s dismissal of CWAC’s challenge and remanding the case to the Circuit Court for further proceedings on the merits of the case. Read the Court of Appeals Ruling here. |
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Because the Brown County Circuit Court ruling muddies the rules required for public participation in WPDES permit reviews, potentially hindering public participation and altering DNR’s long-standing practice of allowing public participation, CWAC appealed the decision to the Wisconsin Court of Appeals on January 7, 2007. Also at issue in the Court of Appeals is whether the Brown County Circuit Court had authority to rule on Fort James’ circuit court challenge at all. 