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Environmental Law – discharge — judicial review

Wisconsin Court of Appeals

Civil

Environmental Law – discharge — judicial review

A contested case hearing under sec. 283.63 as a prerequisite to judicial review of the DNR’s decision to issue a WPDES permit.

“The harsh and unfair consequences of the exhaustion doctrine that were present in Trager, Town of Menasha, and Mentek are not present in this case. CWAC is not an unwilling defendant in a forfeiture action facing a monetary sanction. Nor is CWAC a pro se litigant facing the deprivation of its liberty interest. Instead, CWAC is a party that, while represented by counsel, chose to initiate litigation using a procedure contrary to well-settled law in reliance on a novel interpretation advanced by the attorney general. Under these circumstances, the public’s interest in the sound administration of justice is best served by the use of the two-step procedure set forth in WIS. STAT. §283.63 and required by Sewerage Commission. CWAC has not established that the circuit court erroneously exercised its discretion by failing to apply an exception to the exhaustion doctrine.”

Affirmed.

Recommended for publication in the official reports.

2013AP2112 Clean Water Action Council of Northeast Wisconsin v. DNR

Dist. III, Brown County, Atkinson, J., Stark, J.

Attorneys: For Appellant: Lawton, Elizabeth, Madison; Parra, James E., Madison; For Respondent: Stoltzfus, Lorraine C., Madison; Hemaidan, Jordan J., Madison; Screnock, Michael P., Madison


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