Court: Wisconsin Supreme Court
Appeal No.: 2018AP59
Status: On Hold
This case involves questions of interpretation of 2011 Wisconsin Act 21, a significant regulatory reform adopted almost a decade ago. Act 21 limits agency authority to the explicit language of that agency’s enabling statutes.
DNR abided by Act 21, and followed its explicit statutory authority in granting a total of 9 high capacity well permits. Clean Wisconsin and others sued DNR, claiming that the agency was also able to use non-explicit grants of authority, and in fact, was required to take into consideration other factors when deciding whether to issue those high capacity well permits.
Business Interest: This case presents the Wisconsin Supreme Court with the opportunity to clarify the extent of Act 21 and to ensure that state agencies only act within their explicit, statutorily-granted authority.