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The Wisconsin Supreme Court has sided with the Department of Natural Resources in its fight with environmental groups over a discharge permit issued to a Green Bay papermaker.
The court on Wednesday overturned an appellate court decision that called into question the legitimacy of a discharge permit the DNR issued in 2005 to the former Fort James' Broadway Mill.
The decision is likely to have far-reaching impact on a variety of discharge permits, according to Midwest Environmental Advocates, a Madison legal group that represented the plaintiffs in the case.
The permit allowed the paper mill to increase levels of mercury and phosphorous it was discharging into the Fox River.
The Clean Water Action Council of Northeastern Wisconsin, the National Wildlife Federation and individual environmental activists sought a public hearing on the issuance of the permit.
When the DNR refused, they sued, saying the permit violated requirements of the federal Clean Water Act.
The Supreme Court upheld a decision by Brown County Circuit Judge Tim Hinkfuss that said the DNR doesn't have the authority to determine whether the permit complies with federal law. The determination rests with the federal Environmental Protection Agency, which approved the permit, the court said.
The court ruled 5-2 to overturn the appellate court decision. Writing for the minority, Chief Justice Shirley Abrahamson said she agreed with the court of appeals that the DNR has authority to determine whether a state-issued permit complies with federal law.
Midwest Environmental Advocates called the court decision "a disappointing moment" for people who "drink, live on, fish in and recreate in Wisconsin's many waters."
