Legal Opinion · Concurrence

State v. Schweda

Wisconsin Supreme Court

Decided July 13, 2007No. 2005AP1507Published

1ConcurrenceDavid T. Prosser, J.

¶ 51. (concurring in part, dissenting in part). This case is before the court on certification by the court of appeals, pursuant to Wis. Stat. § (Rule) 809.61 (2005-06).1

*377¶ 52. We are asked to address whether defendants have a constitutional right to a civil jury trial when they are prosecuted for alleged violations of several categories of environmental regulation.

¶ 53. ECI Special Waste Services, Inc. (ECI) is a "centralized waste treater" that, by permit, collects wastewater from industrial customers, processes the wastewater to reduce the concentrations of certain pollutants, and…

2Cases cited31 opinions

  1. Curtis v. LoetherSupreme Court of the United States · 1974
  2. Ross v. BernhardSupreme Court of the United States · 1969
  3. Tull v. United StatesSupreme Court of the United States · 1987
  4. Galloway v. United StatesSupreme Court of the United States · 1943
  5. Minneapolis & St. Louis Railroad v. BombolisSupreme Court of the United States · 1916

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