Legal Opinion

Clean Water Action Council v. Wisconsin Department of Natural Resources

Court of Appeals of Wisconsin

Decided April 29, 2014No. 2013AP2112PublishedCited by 1 opinion

1Opinion of the CourtStark, J.

¶ 1. Clean Water Action Council of Northeast Wisconsin (CWAC) appeals an order dismissing its petition for judicial review of the Wisconsin Department of Natural Resources' (DNR) decision to reissue a Wisconsin Pollution Discharge Elimination System (WPDES) permit to Appleton Coated LLC. Relying on Sewerage Commission v. DNR, 102 Wis. 2d 613, 307 N.W.2d 189 (1981), the circuit court concluded CWAC failed to exhaust its administrative remedies because it petitioned for judicial review under Wis. Stat. § 227.521 without first obtaining a contested case hearing under Wis. Stat. § 283.63. We…

2Cases cited13 opinions

  1. Nodell Investment Corp. v. City of GlendaleWisconsin Supreme Court · 1977
  2. McNeil v. HansenWisconsin Supreme Court · 2007
  3. Kegonsa Joint Sanitary District v. City of StoughtonWisconsin Supreme Court · 1979
  4. State Ex Rel. Klingler & Schilling v. BairdWisconsin Supreme Court · 1972
  5. Hahner v. Board of Education Wisconsin Rapids, School District No. 1Court of Appeals of Wisconsin · 1979

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3Cited by1 opinion

  1. The Manitowoc Company, Inc. v. John M. LanningWisconsin Supreme Court · 2018

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