Clean Water Action Council of Northeast Wisconsin and National Wildlife Federation v. Department of Natural Resources and Fort James Operating Company (Brown County Circuit Court)

Clean Water Action Council of Northeastern Wisconsin and the National Wildlife Federation filed a Petition for Judicial Review of the DNR’s partial denial of the contested case hearing with the Brown County Circuit Court on April 13, 2006. Fort James Operating Company also filed a Petition of Judicial Review with the Circuit Court regarding the DNR’s partial grant of the contested case hearing.

After an exhaustive procedure of law, the Court dismissed the case based upon claims from Fort James that, despite DNR’s ruling to the contrary, CWAC and NWF had not properly verified their request for administrative review. Because the Brown County Circuit Court ruling muddies the rules required for public participation in WPDES permit reviews, it could potentially hinder public participation and alter DNR’s long-standing practice of allowing public participation. CWAC appealed the decision to the Wisconsin Court of Appeals. CWAC’s appeal also requests the Court of Appeals to decide whether the Circuit Court had authority to rule on Fort James’ circuit court action at all.

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Community-based Groups Fight For Clean Water in Circuit Court
Press Release
April 14, 2006