Background Information - Wisconsin Water Law
Legal and Court Case Summaries
Lake Beulah Management District v. Wisconsin DNR
Clean Wisconsin & PLMD v. Wisconsin DNR
Wisconsin Water Court Cases in Progress – 4/28/19 – case #1 – Clean Wisconsin & PLMD v. Wisconsin DNR regarding failure to consider cumulative impacts during high cap well process – awaiting a ruling by State Supreme Court which united this case with the Kinnard Farms (Lynda Cochart, et al. v. DNR) case #2 in this summary. Concern is that the primary issues in both cases are different.
- Circuit Court Decision – 10/11/17 – Judge Bailey-Rihn vacated all eight high-capacity well permits, and sent one permit back to the DNR for further review of possible cumulative impacts. One other well permit was subsequently withdrawn by applicant.
- Court of Appeals: 1/5/18 – DNR along with their intervener groups (WMC, DBA, and others) appealed the October 11 Circuit Court decision invalidating the eight high capacity well permits.
- MEA/CSWAC press release – 6/25/18 – CSWAC joined case through Amicus Brief filed on 6/22/18
- Wisconsin Supreme Court Asked to Rule on DNR Authority to Regulate Agribusiness – 1/17/19 – article discussing why these two cases were united
- Wisconsin AG Kaul Rescinds previous AG Schimel opinion – 5/1/20 – letter to DNR Secretary Cole
- AG Schimel’s opinion – 5/10/16
- DNR plan for wells a major victory for business – 6/11/16
- AG Kaul and state’s majority-controlled legislature disagree on DNR’s authority to protect environment – 5/2/19
- DNR can consider impact of high cap wells – 5/5/20
- This case remains on hold pending the State Supreme Court’s decision. It’s unclear how AG Kaul’s decision and subsequent DNR well review protocol changes will affect this high capacity well court case. One option open to the State Supreme Court is to take this case off their docket.