InAnderson v. Department of Natural Resources, 2001 WI 19 (March 23, 2011), the Wisconsin Supreme Court relied on concepts of federalism to decide the DNR’s authority to overrule the EPA’s application of the federal Clean Water Act.

Curt Andersen, John Hermanson, Rebecca Leighton Katers, Christine Fossen-Rades, Thomas Sydow, and James L. Baldock (collectively, the petitioners), through legal counsel at Midwest Environmental Advocates, petitioned the DNR for review of a Wisconsin Pollutant Discharge Elimination System (WPDES) permit that the DNR reissued to Fort James Broadway Mill in Green Bay.

The Wisconsin Supreme Court this month heard oral arguments in a case that could have broad implications determining the amount of regulatory authority state agencies have when it comes to issuing permits. The Great Lakes Legal Foundation (GLLF) filed an amicus brief requesting the Court accept the case.
In Lake Beulah Management District v. Village of East Troy, the underlying issue is whether the Department of Natural Resources (DNR) has authority to regulate high capacity wells beyond the specific provisions set forth in the statutes by the Legislature.

The primary election for a seat on the Wisconsin Supreme Court will be held on Tuesday, February 15. Incumbent Wisconsin Supreme Court Justice David T. Prosser, Jr. is being challenged by three candidates: Joanne Kloppenburg, an assistant attorney general; Marla Stephens, director of the state public defender's appellate division, and Joel Winnig, a Madison attorney.

The two candidates that receive the most votes in the February primary election will advance to the general election on April 5.

The race is considered to be very important by many groups. Many of most important recent decisions issued by the Court have been decided 4-3, or 5-2 in some instances, with Justice Prosser in the majority. If Justice Prosser were unseated, his successor could considerably alter the makeup of the court.

For more information about the race and the Wisconsin Supreme Court, please see the Wisconsin Civil Justice Council's 2011 Guide to the Wisconsin Supreme Court.