Wisconsin's Environmental Decade, Inc. v. Department of Natural Resources

In 1941 the legislature enacted sec. 144.025(2) (i), Stats, (then sec. 144.53(3) by ch. 307, Laws of 1941). This statute gave the responsible administrative agency (now the DNR) authority to issue permits and to “supervise chemical treatment of waters for the suppression of algae, aquatic weeds, swimmers’ itch and other nuisance producing plants and organisms.” As of June, 1975, no permit which met the administrative body’s procedural requisites had ever been denied; neither had the department initiated chemical treatment by its own action or direction.

For several years prior to 1971 the…