Clean Wisconsin, Inc. v. DNR

Summary

The Wisconsin Supreme Court held that the Wisconsin Department of Natural Resources has authority to consider the environmental effects of proposed high-capacity groundwater wells even when a formal environmental review is not required by statute. The court concluded that Wis. Stat. § 227.10(2m) did not alter its prior holding in Lake Beulah Management District v. DNR because the DNR's authority was explicitly granted by statute. The court modified and affirmed the circuit court's judgment and remanded all eight well applications to the DNR.

Holdings

1. Section 227.10(2m) does not prohibit the DNR from considering the potential environmental effects of a proposed high-capacity well even when formal environmental review is not required by section 281.34(4). The legislature explicitly granted the DNR broad authority to consider those effects through sections 281.11, 281.12, 281.34, and 281.35.
2. Section 281.34(5m) does not bar Clean Wisconsin's claims because the claims are based on the DNR's consideration of the potential environmental impacts of the wells, not on a lack of consideration of cumulative environmental impacts.
3. The erroneous statutory interpretation did not compel approval or denial of the permits. The circuit court properly vacated the DNR's approvals, but the matter had to be remanded for the DNR to exercise its discretion and expertise after considering the wells' environmental effects.

Questions Presented

1. Whether Wisconsin Statutes section 227.10(2m) prohibits the DNR from considering the potential environmental effects of a proposed high-capacity well when consideration is not required by Wisconsin Statutes section 281.34(4).
2. Whether Wisconsin Statutes section 281.34(5m) bars Clean Wisconsin's claims.

Disposition

reversed_and_remanded