Legal Opinion · Dissent
Andersen v. Department of Natural Resources
Wisconsin Supreme Court
Decided March 23, 2011No. 2008AP3235Published
1DissentShirley S. Abrahamson, C.J.
¶ 67. (dissenting).
I agree with the court of appeals and would affirm its decision.
*78¶ 68. The ultimate issue presented is whether the DNR is authorized to determine whether, on challenge, terms of a state-issued wastewater discharge permit comply with federal law.
¶ 69. The majority opinion defers to the DNR, agreeing that the petitioners' remedy for a violation of federal law rests with the federal Environmental Protection Agency.1 I agree with the court of appeals that the DNR has authority to determine whether a state-issued permit complies with federal law.
¶ 70. The majority opinion errs in…
2Cases cited6 opinions
- Northern States Power Co. v. BugherWisconsin Supreme Court · 1995
- Save the Bay, Inc. v. Administrator of the Environmental Protection AgencyCourt of Appeals for the Fifth Circuit · 1977
- District of Columbia, a Municipal Corporation v. Jack J. Schramm, Regional Administrator, Region Iii, U. S. EpaCourt of Appeals for the D.C. Circuit · 1980
- Kurt Froebel v. George E. MeyerCourt of Appeals for the Seventh Circuit · 2000
- Hogan v. MusolfWisconsin Supreme Court · 1991
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