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Sierra Club v. Wisconsin Dep't of Natural Resources

ELR Citation: 37 ELR 20159
Nos. No. 2006AP2653, (Wis. Ct. App., 06/28/2007)

The court affirmed a lower court decision dismissing an environmental group's petition for judicial review of an administrative law judge (ALJ) order concerning an air emission permit issued by the Wisconsin Department of Natural Resources for the construction of a new electric-generating facility. The group disputed the adequacy of the emission limits in the permit and sought a hearing before the ALJ. The ALJ issued a "Findings of Fact, Conclusions of Law and Order" that rejected several contentions advanced by the group for lower emission limits, but found that certain emission limits in the permit did not satisfy requirements for best available control technology. The ALJ, therefore, affirmed the agency's decision to issue the permit but ordered certain modifications. Because the administrative order directed the agency to make certain modifications to the permit that involved the exercise of the agency's discretion, it was not a final order. The lower court, therefore, properly denied the group's petition for judicial review.