2008AP3235 Andersen v. DNR

Environmental Law
Clean Water Act

Section 283.63 does not require the DNR to hold a public hearing on a petition for review of a permit when the premise of the petition is that the permit fails to comply with basic requirements of the federal Clean Water Act and federal regulations promulgated thereunder.

“Requiring the DNR to hold a public hearing on CWAC’s petition for review would undermine the careful federal and state balance created by the Clean Water Act. For purposes of this appeal, the parties do not dispute that the permit was properly reissued to Fort James’ Broadway Mill under the state’s statutory and regulatory authority. Indeed, CWAC is adamant that it is not challenging any rule promulgated by the DNR but instead is challenging the permit itself as being contrary to 40 C.F.R. §§ 122.44(d) and 122.45(d) and (f). However, we agree with the DNR that because the permit was properly reissued under the state’s statutory and regulatory authority, then the permit necessarily complies with federal law——unless and until the EPA determines otherwise.”

Reversed.

2008AP3235 Andersen v. DNR

Ziegler, J.

Attorneys: For Appellant: Grzezinski, Dennis M., Madison; Sinderbrand, Carl A., Madison; Lawton, Elizabeth, Madison; For Respondent: Kloppenburg, Joanne F., Madison

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