Sewerage Commission of Milwaukee v. Department of Natural Resources

This case is before us upon a petition by the Sewerage Commission of the City of Milwaukee and the Metropolitan Sewerage Commission of the county of Milwaukee for review of a decision of the court of appeals,1 which reversed the trial court’s grant of summary judgment to the commissions. Contrary to the trial court, the court of appeals rejected the commissions’ declaratory challenge to the Department of Natural Resources’ (DNR) administrative authority, under governing state and federal law, to require the commissions to achieve effluent limitations by means of secondary treatment prior to…